House Committee on Civil Practices 
         76th Legislature 
         April 14, 1999 
         2:00 p.m. or upon adjournment 
         Capitol Extension, E2.010 
          
                                CORRECTED MINUTES 
          
         On April 27, 1999, the House Committee on Civil Practices  
         authorized the correction of the minutes for the meeting of  
         the House Committee on Civil Practices held on April 14, 1999.   
         The following are the corrected minutes for that meeting: 
          
         Pursuant to a notice posted on April 9, 1999, the House  
         Committee on Civil Practices met in a public hearing and was  
         called to order by the Chair, Representative Fred Bosse at  
         3:58 p.m. 
          
         The roll was answered as follows:   
          
         Present:  Representatives Bosse; Janek; Alvarado; Dutton;  
                   Nixon, Joe; Zbranek (6). 
          
         Absent:   Representatives Goodman; Hope; Smithee (3). 
          
         A quorum was present. 
          
         HCR 118 
          
         The chair laid out HCR 118.   
          
         The chair recognized Representative Telford to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representative Hope now present.)   
          
         The chair recognized Representative Telford to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         HCR 120 
          
         The chair laid out HCR 120.   
          
         The chair recognized Representative Yarbrough  to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Yarbrough  to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         HCR 106 
          
         The chair laid out HCR 106.   
          
         The chair recognized Representative Nixon to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representatives Goodman and Smithee now present.)   
          
         The chair recognized Representative Nixon to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         (Representative Goodman in chair.)   
          
         HB 2897 
          
         The chair laid out HB 2897.   
          
         The chair recognized Representative Bosse to explain the  
         measure.   
          
         Representative Goodman offered a complete committee  
         substitute.   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Bosse to close on the  
         measure.   
          
         The committee substitute was withdrawn without objection. 
          
         The bill was left pending without objection.  
          
         (Representative Bosse in chair.)   
          
         HB 1455 
          
         The chair laid out HB 1455 as pending business.   
         Representative Goodman offered a complete committee  
         substitute.   
          
         The committee substitute was adopted without objection. 
          
         Representative Janek moved that HB 1455, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Janek; Alvarado; Dutton;  
                
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (9). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        None (0). 
          
         HB 2445 
          
         The chair laid out HB 2445 as pending business.   
          
         Representative Goodman moved that HB 2445, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Janek; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee (8). 
          
         Nays:          Representative Zbranek (1). 
          
         Present not Voting:      None (0). 
          
         Absent:        None (0). 
          
         HB 1058 
          
         The chair laid out HB 1058 as pending business.   
          
         Representative Bosse offered a complete committee substitute.   
          
         The committee substitute was adopted without objection. 
          
         Representative Janek moved that HB 1058, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Janek; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (9). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        None (0). 
          
         HB 2482 
          
         The chair laid out HB 2482 as pending business.   
          
         Representative Dutton offered a complete committee substitute.   
  
         The committee substitute was adopted without objection. 
          
         Representative Alvarado moved that HB 2482, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton; Hope;  
                        Smithee; Zbranek (6). 
          
         Nays:          Representatives Janek; Nixon, Joe (2). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representative Goodman (1). 
          
         HB 3614 
          
         The chair laid out HB 3614.   
          
         The chair recognized Representative Hilbert to explain the  
         measure.   
          
         Representative Bosse offered a complete committee substitute.   
          
         Testimony was taken.  (See attached witness list.) 
         The chair recognized Representative Hilbert to close on the  
         measure.   
          
         The committee substitute was withdrawn without objection. 
          
         The bill was left pending without objection.  
          
         HCR 110 
          
         The chair laid out HCR 110.   
          
         (Representative Goodman now present.)   
          
         The chair recognized Representative Hilbert to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Hilbert to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         HB 2665 
          
         The chair laid out HB 2665.   
          
         The chair recognized Representative George to explain the  
  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representative Janek in chair.)   
          
         The chair recognized Representative George to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         HB 3378 
          
         The chair laid out HB 3378.   
          
         The chair recognized Representative George to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
         The chair recognized Representative George to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         SB 56 
          
         The chair laid out SB 56.   
          
         The chair recognized Representative Goodman to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Goodman to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         HB 69 
          
         The chair laid out HB 69.   
          
         The chair recognized Representative Nixon to explain the  
         measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Nixon to close on the  
         measure.   
          
         (Representative Bosse in chair.)   
          
         The bill was left pending without objection.  
          
         SB 598 
  
         The chair laid out SB 598.   
          
         Representative Bosse offered an amendment to the measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         Representative Bosse offered an amendment to the amendment.   
          
         The amendment to the amendment was adopted without objection.   
          
         The amendment as amended was adopted without objection.   
          
         Representative Janek moved that SB 598, as amended, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Janek; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (9). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        None (0). 
          
         HB 2081 
          
         The chair laid out HB 2081 as pending business.   
          
         Representative Bosse offered a complete committee substitute.   
          
         The committee substitute was adopted without objection. 
          
         Representative Goodman moved that HB 2081, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (8). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representative Janek (1). 
          
         HB 2151 
  
         The chair laid out HB 2151 as pending business.   
          
         Representative Bosse offered an amendment to the measure.   
          
         The amendment was adopted without objection.   
          
         Representative Nixon, Joe moved that HB 2151, as amended, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (8). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representative Janek (1). 
          
         HB 3624 
          
         The chair laid out HB 3624 as pending business.   
          
         Representative Alvarado offered a complete committee  
         substitute.   
          
         The committee substitute was adopted without objection. 
          
         Representative Alvarado moved that HB 3624, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed and be sent to the Committee on  
         Local and Consent Calendars.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (8). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representative Janek (1). 
          
         HB 1991 
          
         The chair laid out HB 1991 as pending business.   
         Representative Alvarado moved that HB 1991 be reported  
         favorably to the full house with the recommendation that it do  
         pass and be printed and be sent to the Committee on Local and  
         Consent Calendars.  The motion prevailed by the following  
         vote:   
  
         Ayes:          Representatives Bosse; Alvarado; Goodman; Hope;  
                        Nixon, Joe; Smithee; Zbranek (7). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representatives Janek; Dutton (2). 
          
         SB 757 
          
         The chair laid out SB 757.   
          
         (Representative Dutton now present.)   
          
         Representative Goodman moved that SB 757 be reported favorably  
         to the full house with the recommendation that it do pass and  
         be printed.  The motion prevailed by the following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton;  
                        Goodman; Hope; Nixon, Joe; Smithee; Zbranek  
                        (8). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representative Janek (1). 
          
         HB 126 
          
         The chair laid out HB 126 as pending business.   
          
         Representative Dutton moved that HB 126 be reported favorably  
         to the full house with the recommendation that it do pass and  
         be printed.  The motion prevailed by the following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton; Hope;  
                        Nixon, Joe (5). 
          
         Nays:          Representatives Smithee; Zbranek (2). 
         Present not Voting:      None (0). 
          
         Absent:        Representatives Janek; Goodman (2). 
          
         HB 2579 
          
         The chair laid out HB 2579 as pending business.   
          
         Representative Hope offered an amendment to the measure.   
          
         The amendment was adopted without objection.   
          
         Representative Hope moved that HB 2579, as amended, be  
  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton; Hope;  
                        Nixon, Joe; Smithee; Zbranek (7). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representatives Janek; Goodman (2). 
          
         HB 2186 
          
         The chair laid out HB 2186 as pending business.   
          
         Representative Dutton offered a complete committee substitute.   
          
         Representative Dutton offered amendment #1 to the committee  
         substitute.   
          
         The amendment was adopted without objection. 
          
         Representative Dutton offered amendment #2 to the committee  
         substitute.   
          
         The amendment was adopted without objection.   
          
         The committee substitute, as amended, was adopted without  
         objection. 
          
         The chair directed the staff to incorporate the amendments  
         into the committee substitute.   
          
         Representative Zbranek moved that HB 2186, as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton;  
                        Smithee; Zbranek (5). 
          
         Nays:          Representatives Hope; Nixon, Joe (2). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representatives Janek; Goodman (2). 
          
         HB 101 
          
         The chair laid out HB 101 as pending business.   
          
         Representative Alvarado offered a complete committee  
         substitute.   
  
         The committee substitute was adopted without objection. 
          
         Representative Zbranek moved that , as substituted, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton; Hope;  
                        Zbranek (5). 
          
         Nays:          Representatives Nixon, Joe; Smithee (2). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representatives Janek; Goodman (2). 
          
         HB 2151 
          
         The chair moved to reconsider the vote by which the measure  
         was reported from committee.  The motion to reconsider  
         prevailed without objection.  
          
         Representative Dutton moved that HB 2151, as amended, be  
         reported favorably to the full house with the recommendation  
         that it do pass and be printed and be sent to the Committee on  
         Local and Consent Calendars.  The motion prevailed by the  
         following vote:   
          
         Ayes:          Representatives Bosse; Alvarado; Dutton; Hope;  
                        Nixon, Joe; Smithee; Zbranek (7). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representatives Janek; Goodman (2). 
          
         HB 1036 
          
         The chair laid out HB 1036.   
          
         The chair recognized Representative Junell to explain the  
         measure.   
          
         (Representative Janek now present.)   
          
         Representative Bosse offered an amendment to the measure.   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Nixon to close on the  
         measure.   
          
         The amendment was withdrawn without objection.   
  
         The bill was left pending without objection.  
          
         HB 3151 
          
         The chair laid out HB 3151.   
          
         The chair recognized Representative Sadler to explain the  
         measure.   
          
         (Representative Goodman now present.)   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Sadler to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         HB 3604 
          
         The chair laid out HB 3604.   
          
         The chair recognized Representative Uresti to explain the  
         measure.   
          
         The chair recognized Representative Uresti to close on the  
         measure.   
          
         Representative Nixon, Joe moved that HB 3604 be reported  
         favorably to the full house with the recommendation that it do  
         pass and be printed and be sent to the Committee on Local and  
         Consent Calendars.  The motion prevailed by the following  
         vote:   
          
         Ayes:          Representatives Bosse; Janek; Dutton; Goodman;  
                        Hope; Nixon, Joe; Zbranek (7). 
          
         Nays:          None (0). 
          
         Present not Voting:      None (0). 
          
         Absent:        Representatives Alvarado; Smithee (2). 
          
         (Representative Janek in chair.)   
          
         HB 2994 
          
         The chair laid out HB 2994.   
          
         The chair recognized Representative Bosse to explain the  
         measure.   
          
         The chair recognized Representative Bosse to close on the  
         measure.   
  
         The bill was left pending without objection.  
          
         (Representative Bosse in chair.)   
          
         HB 900 
          
         The chair laid out HB 900.   
          
         The chair recognized Representative Dutton to explain the  
         measure.   
          
         Representative Dutton offered an amendment to the measure.   
          
         The chair recognized Representative Dutton to close on the  
         measure.   
          
         The amendment was withdrawn without objection.   
          
         The bill was left pending without objection.  
          
         HB 1135 
          
         The chair laid out HB 1135.   
          
         The chair recognized Representative Dutton to explain the  
         measure.   
          
         The chair recognized Representative Dutton to close on the  
         measure.   
          
         The bill was left pending without objection.  
          
         At 10:53 p.m., on the motion of the chair and without  
         objection, the meeting was adjourned subject to the call of  
         the chair.   
          
         ______________________ 
         Rep. Fred Bosse, Chair 
          
         ______________________ 
         Craig Chick, Clerk