MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 28, 1997
8:30 pm
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Monday, April 28, 1997 in the
Capitol Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis
Senator Chris Harris
Senator David Cain
Senator Robert Duncan
Senator Gregory Luna
Senator Steve Ogden
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 8:32 pm. Awaiting a
quorum; the following business was transacted.
The following members arrived after the roll was called:
Senator Steve Ogden
Senator Jeff Wentworth
The Chair laid out HB 1860 and recognized the Senate sponsor,
Senator Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1860 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved HB 1860 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 6 ayes, 1 nays, 0 present
not voting, and 0 absent.
The Chair laid out HB 2274 and recognized the Senate sponsor,
Senator Brown, to explain the bill. The Chair moved that HB
2274 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Luna moved
HB 2274 be reported back to the senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 6 ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1594 and recognized the author, Senator
Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1594 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris sent up a committee substitute; the
Chair recognized Senator Haywood to explain the difference
between the committee substitute and the bill as filed.
Senator Harris moved adoption of the committee substitute,
without objection, it was so ordered. Senator Harris moved
that SB 1594 do not pass but that CSHB 1594 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
At 8:53 am Senator Duncan assumed the chair.
The Chair laid out HB 1504 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
The Chair moved that HB 1504 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan moved HB 1504 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 5 ayes, 0 nays, 0 present
not voting, and 2 absent.
At 8:55 am Senator Ellis resumed the chair.
The Chair laid out HB 736 and recognized Senator Duncan, in
the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 736 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved HB 736 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 7 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 3504 and recognized Senator Duncan, in
the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 3504 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 3504 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 6 ayes, 0 nays, 0 present
not voting, and 1 absent. Senator Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar,
without objection, it was so ordered.
The Chair laid out HB 880 and recognized the Senate sponsor,
Senator Luna, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 880 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Luna moved HB 880 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 6 ayes, 0 nays, 0 present
not voting, and 1 absent.
The Chair laid out HB 515 and recognized the Senate sponsor,
Senator Sibley, to explain the bill. The Chair moved that HB
515 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Harris sent
up a committee substitute; the Chair recognized Senator Sibley
to explain the difference between the committee substitute and
the bill as filed. Senator Harris moved adoption of the
committee substitute, without objection, it was so ordered.
Senator Harris moved that HB 515 do not pass but that CSHB 515
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1657 and recognized the author, Senator
Shapiro, to explain the bill.
Witnesses registering on the bill are shown on the attached
list. The Chair moved that SB 1657 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum,
Senator Ellis moved that SB 1657 be left pending; without
objection, it was so ordered.
The Chair laid out HB 1916 and recognized Senator Duncan, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 9:14 am, the Chair called roll. Their being a quorum
present the following business was transacted.
Senator Duncan sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Duncan moved that HB 1916, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 7 ayes, 0 nays,
0 present not voting, and 0 absent. Senator Duncan moved that
the bill be recommended for placement on the Local &
Uncontested Calendar, without objection, it was so ordered.
The Chair laid out HB 384 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Harris moved
that HB 384 be reported favorably to the full Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 5 ayes, 0 nays, 0 present not voting,
and 2 absent. Senator Harris moved that the bill be
recommended for placement on the Local & Uncontested Calendar,
without objection, it was so ordered.
The Chair laid out HB 1710 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator Harris moved that HB 1710 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 1 absent.
The Chair laid out SB 642 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Harris to explain the difference between
the committee substitute and the bill as filed. Senator
Harris moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Harris moved that SB 642 do not pass but that CSSB 642
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
The Chair laid out SB 11 and recognized the author, Senator
Luna, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 11 be left pending to await a quorum;
without objection it was so ordered.
At 9:48 am, Senator Ellis moved that the Committee stand
recessed subject to the call of the Chair. Without objection;
it was so ordered.
The chair called the meeting to order at 1:08 pm on Monday,
April 28, 1997 in the Capitol Extension Hearing Room E1.012.
Awaiting a quorum, the following business was transacted.
The Chair laid out SB 889 and recognized the author, Senator
Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 1:16 pm, the Chair called roll. The following members
arrived after roll call: Duncan, Wentworth. There being a
quorum present, the following business was transacted.
Senator Harris moved that SB 889 not be reported favorably to
the full Senate with the recommendation that it do not pass
and be printed. The motion carried with a vote of 4 ayes, 1
nay, 0 present not voting, and 2 absent.
The Chair laid out HB 646 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Harris moved
that HB 646 be reported favorably to the full Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 6 ayes, 0 nays, 0 present not voting,
and 1 absent. Senator Harris moved that the bill be
recommended for placement on the Local & Uncontested Calendar,
without objection, it was so ordered.
The Chair laid out HB 1826 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Ogden sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that HB 1826, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 6 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1550 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator Cain sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Harris sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Harris sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that HB 1550, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 6 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1821 and recognized the author, Senator
Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 2:03 pm Senator Duncan assumed the chair.
At 2:05 pm Senator Ellis resumed the chair.
Senator Ellis moved that SB 1821 be left pending; without
objection, it was so ordered.
The Chair laid out HB 614 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 614 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Cain moved HB 614 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 5 ayes, 1 nay, 0 present not
voting, and 1 absent.
The Chair laid out SB 309 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair referred SB 309 to the Subcommittee on SB 309 for
further consideration. The Chair appointed Senator Wentworth
as Chair of the subcommittee and Senators Cain and Luna as
members of the subcommittee.
The Chair laid out SB 1563 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Wentworth moved that SB 1563, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 5 ayes, 0 nays,
0 present not voting, and 2 absent.
Senator Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1561 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Wentworth to explain the difference between
the committee substitute and the bill as filed. Senator
Wentworth moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Wentworth moved that SB 1561 do not pass but that CSSB
1561 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.
The Chair laid out SB 11 and recognized the author, Senator
Luna, to explain the bill.
Senator Luna moved that SB 11 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 0
present not voting, and 2 absent.
Senator Ogden requested unanimous consent to be shown voting
"aye" on CSSB 642, HB 646, HB 384, CSHB 515, HB 736, HB 1504,
HB 1710, HB 1860, HB 1916 as amended, HB3504, HB 614.
Senator Wentworth requested unanimous consent to be shown
voting "aye" on HB 1916 as amended, HB 1860, HB 2274, HB 736,
HB 880, CSHB 515, CSSB 642, SB 11.
Senator Cain requested unanimous consent to be shown voting
"aye" on CSSB 642.
The Chair took no action on HB 494, HB 1316.
There being no further business, at 3:04 pm Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
__________________________
Senator Rodney Ellis, Chair
__________________________
Helen Gonz lez, Clerk