House Committee on Judicial Affairs 76th Legislature April 19, 1999 3:00 pm or upon adjournment Capitol Extension, E2.028 CORRECTED MINUTES On April 22, 1999, the House Committee on Judicial Affairs authorized the correction of the minutes for the meeting of the House Committee on Judicial Affairs held on April 19, 1999. The following are the corrected minutes for that meeting: Pursuant to a notice posted on April 14, 1999 and to the suspension of the 5-day posting rule made while the house was still in session on April 15th for HB 2325 and HB 2417 and to the suspension of the 5-day posting rule made while the house was still in session on April 19th for HB 918, the House Committee on Judicial Affairs met in a public hearing and was called to order by the Chair, Representative Senfronia Thompson at 4:26 pm. The roll was answered as follows: Present: Representatives Thompson; Hartnett; Capelo; Shields; Uresti (5). Absent: Representatives Deshotel; Garcia; Hinojosa; Solis, Jim (4). A quorum was present. (Representative Hartnett in chair.) HB 1851 by Rep. Thompson The chair recalled HB1851 from subcommittee. The chair laid out HB 1851 and recognized the author, Rep. Thompson, to explain. HB 1852 by Rep. Thompson The chair recalled HB 1852 from subcommittee. The chair laid out HB 1852 and recognized the author, Rep. Thompson, to explain. Testimony was taken on both HB 1851 & HB 1852. (See attached witness list.) (Representative Hinojosa now present.) Representative Hartnett, acting chair, offered, laid out and explained an amendment to HB 1851. The chair moved adoption of the amendment. There being no objection, amendment #1 was adopted. Representative Hartnett moved that HB 1851, 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 Thompson; Hartnett; Hinojosa; Shields; Uresti (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Capelo; Deshotel; Garcia; Solis, Jim (4). The chair moved to leave HB 1852 pending. There being no objection, HB 1852 was left pending. (Representative Thompson in chair.) (Representative Garcia now present.) HB 323 by Rep. Fred Brown The chair laid out HB 323 and recognized the author, Rep. Brown, to explain. The chair moved to leave HB 323 temporarily pending. There being no objection, HB 323 was left pending. HB 2325 by Rep. Goolsby The chair laid out HB 2325. Testimony was taken. (See attached witness list.) (Representative Deshotel now present.) There being no further witnesses, the chair recognized the author, Rep. Goolsby, to close. The chair moved to leave HB 2325 pending. There being no objection, HB 2325 was left pending. HB 323 by Rep. Fred Brown The chair laid out HB323, which was temporarily left pending, and recognized the author, Rep. Brown, for further explanation. Testimony was taken. (See attached witness list.) There being no further witnesses, the chair recognized the author to close. Representative Garcia offered a complete committee substitute. There being no objection, the chair laid out CSHB 323. Rep. Garcia moved adoption of the committee substitute. There being no objection, CSHB 323 was adopted. Representative Garcia moved that HB323, 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 Thompson; Hartnett; Deshotel; Garcia; Hinojosa; Uresti (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Capelo; Shields; Solis, Jim (3). HB 651 by Rep. Berman The chair recalled HB 651 from subcommittee. The chair laid out HB 651 and explained. The chair moved to leave HB 651 pending. There being no objection, HB 651 was left pending. HB 2570 by Rep. Junell The chair laid out HB 2570. Testimony was taken. (See attached witness list.) There being no further witnesses, the chair recognized the author, Rep. Junell, to close. The chair referred HB 2570 to subcommittee and made the following subcommittee assignment: Rep. Deshotel, Chair Rep. Capelo Rep. Uresti HB 2287 by Rep. Tracy King The chair recalled HB 2287 from subcommittee. The chair laid out HB 2287 and recognized the author, Rep. King, to explain. The chair moved to leave HB 2287 pending. There being no objection, HB2287 was left pending. HB 1863 by Rep. Garcia The chair laid out HB 1863. Testimony was taken. (see attached witness list) There being no further witnesses, Rep. Hartnett moved that HB 1863 be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Hinojosa; Uresti (5). Nays: None (0). PNV: None (0). Absent: Representatives Capelo; Garcia; Shields; Solis of Cameron (4). HB 1881 by Rep. Brimer The chair recalled HB 1881 from subcommittee. The chair laid out HB 1881 and explained. The chair moved to leave HB 1881 pending. There being no objection, HB 1881 was left pending. HB 2195 by Rep. Shields The chair recalled HB 2195 from subcommittee. The chair laid out HB 2195 and explained. The chair moved to leave HB 2195 pending. There being no objection, HB 2195 was left pending. HB 918 by Rep. Art Reyna The chair laid out HB 918 and recognized the author, Rep. Reyna, to explain. The chair offered and laid out a complete committee substitute to HB 918 and recognized Rep. Reyna to explain. Testimony was taken. (see attached witness list) There being no further witnesses, the chair moved adoption of the substitute. There being no objection, CSHB 918 was adopted. Rep. Uresti moved that HB 918, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Garcia; Hinojosa; Uresti (6). Nays: None (0). PNV: None (0). Absent: Representatives Capelo; Shields; Solis of Cameron (3). HB 3514 by Rep. Marchant The chair recalled HB 3514 from subcommittee. The chair laid out HB 3514 and explained. The chair moved to leave HB 3514 pending. There being no objection, HB 3514 was left pending. HB 404 by Rep. Palmer The chair recalled HB 404 from subcommittee. The chair laid out HB 404 and explained. The chair moved to leave HB 404 pending. There being no objection, HB 404 was left pending. SB 589 by Sen. Nelson (Marchant) The chair recalled SB 589 from subcommittee. The chair laid out SB 589 and explained. The chair moved to leave SB 589 pending. There being no objection, SB 589 was left pending. HB 1623 by Rep. Goodman The chair laid out HB 1623 and explained. Rep. Deshotel offered a complete committee substitute. The chair laid out CSHB 1623. The chair moved adoption of the committee substitute. There being no objection, CSHB 1623 was adopted. Rep. Deshotel moved that HB 1623, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. There being objection, Rep. Deshotel withdrew his motion. The chair moved to reconsider the motion/non-record vote on which the substitute was adopted. There were no objections. The chair moved to withdraw the substitute. There were no objections The chair moved to leave HB 1623 temporarily pending. There being no objection, HB 1623 was left pending. HB 2647 by Rep. Hartnett The chair laid out HB 2647 and recognized the author, Rep. Hartnett, to explain. Testimony was taken. (see attached witness list) There being no further witnesses, the chair recognized the author to close. The chair moved to leave HB 2647 temporarily pending. There being no objection, HB 2647 was left pending. HB 3477 by Rep. Hartnett The chair laid out HB 3477 and recognized the author, Rep. Hartnett, to explain. Testimony was taken. (see attached witness) The chair moved to leave HB 3477 pending. There being no objection, HB 3477 was left pending. HB 3792 by Rep. Chavez The senate companion bill (SB 1078) was considered in lieu of. SB 1078 by Sen. Shapleigh (Chavez) The chair laid out SB 1078 and explained. The chair moved to leave SB 1078 pending. There being no objection, SB 1078 was left pending. HB 3795 by Rep. Brimer The chair recalled HB 3795 from subcommittee. The chair laid out HB 3795 and explained. The chair moved to leave HB 3795 pending. There being no objection, HB 3795 was left pending. HB 3635 by Rep. Naishtat The chair laid out HB 3635 and recognized Rep. Hartnett to explain. Testimony was taken. (see attached witness list) There being no further witnesses, Rep. Hartnett moved that HB 3635 be reported back to the full house with the recommendation that it do pass, be printed and be sent to the Local and Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Hinojosa; Uresti (5) Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Garcia; Shields; Solis of Cameron (4). HB 3477 by Rep. Hartnett The chair laid out HB 3477, which was temporarily left pending, and recognized Rep. Hartnett. The chair moved to leave HB 3477 pending. There being no objection, HB 3477 was left pending. HB 2647 by Rep. Hartnett The chair laid out HB 2647, which was temporarily left pending, and recognized Rep. Uresti. Rep. Uresti moved that HB 2647 be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Hinojosa; Uresti (6). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Shields; Solis of Cameron (3). HB 3477 by Rep. Hartnett The chair laid out HB 3477, which was temporarily left pending, and recognized Rep. Hartnett. Rep. Thompson, chair, offered. laid out a complete committee substitute and recognized Rep. Hartnett to explain the substitute. Rep. Harnett moved adoption of the substitute. There being no objection, CSHB 3477 was adopted. Rep. Uresti moved that HB 3477, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Hinojosa; Uresti (6). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Shields; Solis of Cameron (3). (Rep. Hartnett now chair.) HB 3305 by Rep. Thompson The chair laid out HB 3305 and recognized the author, Rep. Thompson, to explain. Testimony was taken. (see attached witness list) There being no further witnesses, the chair recognized the author to close. Rep. Hartnett moved that HB 3305 be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Hinojosa; Uresti (6). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Shields; Solis of Cameron (3). (Rep. Thompson now chair.) HB 509 by Rep. Hochberg The chair laid out HB 509 and recognized the author, Rep. Hochberg, to explain. Testimony was taken. (see attached witness list) There being no further witnesses, the chair recognized the author to close. Rep. Garcia moved that HB 509 be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Hinojosa; Uresti (6). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Shields; Solis of Cameron (3). HB 2417 by Rep. Hinojosa The chair recalled HB 2417 from subcommittee. The chair laid out HB 2417 and recognized the author, Rep. Hinojosa, to explain. There being no witnesses, the chair moved to leave HB 2417 pending. There being no objection, HB 2417 was left pending. HB 2705 by Rep. Gallego The chair laid out HB 2705 and recognized the author, Rep. Gallego, to explain. Testimony was taken. (see attached witness list) There being no further witnesses, the chair recognized the author to close. Rep. Uresti moved that HB 2705 be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Hinojosa; Uresti (5). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Garcia; Shields; Solis of Cameron (4). HB 3418 by Rep. Gallego The chair laid out HB 3418 and recognized the author, Rep. Gallego, to explain. There being no witnesses, the chair recognized the author to close. Rep. Capelo moved that HB 3418 be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Hinojosa; Uresti (5). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel; Garcia; Shields; Solis of Cameron (4). (Rep. Hartnett now chair.) HB 731 by Rep. Thompson The chair recalled HB 731 from subcommittee. The chair laid out HB 731 and recognized the author, Rep. Thompson, to explain. The chair recognized our committee counsel, Patrick M.W. Johnson, for further explanation. The chair recognized Rep. Ron Clark for further comments. Testimony was taken. (see attached witness list) Rep. Thompson offered a complete committee substitute to HB 731. The chair laid out CSHB 731 and recognized the author to explain. Rep. Garcia offered a committee amendment to the substitute. There being no objection, the chair laid out the committee amendment and recognized Rep. Garcia to explain. Rep. Garcia moved adoption of the amendment. There being no objection, committee amendment #1 was adopted. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. Rep. Hartnett moved adoption of the amendment. There being no objection, committee amendment #2 was adopted. Rep. Deshotel offered a committee amendment to the substitute. There being no objection, the chair laid out the committee amendment and recognized Rep. Deshotel to explain. Rep. Deshotel moved adoption of the amendment. There being no objection, committee amendment #3 was adopted. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. There being objections, Rep. Hartnett withdrew the amendment. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. There being objections, Rep. Hartnett withdrew the amendment. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. There being objections, Rep. Hartnett withdrew the amendment. Rep. Hinojosa offered a committee amendment to the substitute. There being no objection, the chair laid out the committee amendment and recognized Rep. Hinojosa to explain. Rep. Hinojosa moved adoption of the amendment. There being no objection, committee amendment #4 was adopted. (Rep. Solis of Cameron now present.) Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. Rep. Hartnett moved adoption of the amendment. There being no objection, committee amendment #5 was adopted. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. Rep. Hartnett moved adoption of the amendment. There being no objection, committee amendment #6 was adopted. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. Rep. Hartnett moved adoption of the amendment. There being no objection, committee amendment #7 was adopted. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. Rep. Hartnett moved adoption of the amendment. There being no objection, committee amendment #8 was adopted. Rep. Hartnett offered, laid out and explained a committee amendment to the substitute. Rep. Hartnett moved adoption of the amendment. There being no objection, committee amendment #9 was adopted. The chair, with the consent of the committee, directed committee staff to prepare a new committee substitute incorporating the adopted amendments. The chair moved adoption of the new committee substitute. There being no objection, CSHB 731 was adopted. Rep. Capelo moved that HB 731, as substituted, be reported to the full house with the recommendation that it do pass, be printed, and be sent to the Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Garcia; Hinojosa; Solis of Cameron; Uresti (8). Nays: None (0). PNV: None (0). Absent: Representative Shields (1). (Rep. Thompson now chair.) HB 1123 by Rep. Thompson The chair laid out HB 1123, which was left pending at the committee's March 15th meeting, and explained. The chair moved to leave HB 1123 temporarily pending. There being no objection, HB 1123 was left pending. HB 2201 by Rep. Tillery The chair laid out HB 2201, which was left at the committee's March 29th, and explained. Rep. Garcia offered a complete committee substitute. There being no objection, the chair laid out CSHB 2201. Rep. Garcia offered an amendment to the substitute. There being no objection, the chair laid out the committee amendment and recognized Rep. Garcia to explain the amendment. Rep. Garcia moved adoption of the amendment. There being no objection, committee amendment #1 was adopted. The chair, with the consent of the committee, directed committee staff to prepare a new committee substitute incorporating the adopted amendment. The chair moved adoption of the new committee substitute. There being no objection, CSHB 2201 was adopted. Rep. Garcia moved that HB 2201, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Garcia; Hinojosa; Solis of Cameron; Uresti (7). Nays: None (0). PNV: None (0). Absent: Representatives Capelo; Shields (2). HB 1123 by Rep. Thompson The chair laid out HB 1123, which was left temporarily pending, and explained. Rep. Deshotel offered a complete committee substitute. There being no objection, the chair laid out CSHB 1123. Rep. Thompson, chair, offered, laid out and explained an amendment to the substitute. Rep. Thompson moved adoption of the amendment. There being no objection, committee amendment #1 was adopted. The chair, with the consent of the committee, directed committee staff to prepare a new committee substitute incorporating the adopted amendment. Rep. Deshotel moved adoption of the new committee substitute. There being no objection, CSHB 1123 was adopted. Rep. Hinojosa moved that HB 1123, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Garcia; Hinojosa; Shields; Solis of Cameron; Uresti (8). Nays: None (0). PNV: None (0). Absent: Representatives Capelo (1). HB 3028 by Rep. Dutton The chair laid out HB 3028 and recognized the author, Rep. Dutton, to explain. The chair offered and laid out a complete committee substitute to HB 3028 and recognized Rep. Dutton to explain. The chair moved adoption of the substitute. There being no objection, CSHB 3028 was adopted. Rep. Uresti moved that HB 3028, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Garcia; Hinojosa; Shields; Solis of Cameron; Uresti (9). Nays: None (0). PNV: None (0). Absent: None (0). HB 1623 by Rep. Goodman The chair laid out HB 1623, which was temporarily left pending, and recognized Rep. Garcia to explain. Rep. Deshotel offered a complete committee substitute. The chair laid out CSHB 1623. Rep. Garcia offered an amendment to the substitute. There being no objection, the chair laid out the committee amendment and recognized Rep. Garcia to explain the amendment. Rep. Garcia moved adoption of the amendment. There being no objection, committee amendment #1 was adopted. The chair, with the consent of the committee, directed committee staff to prepare a new committee substitute incorporating the adopted amendment. The chair moved adoption of the new committee substitute. CSHB 1623 was adopted without objection. Rep. Garcia moved that HB 1623, as substituted, be reported favorably to the full house with the recommendation that it do pass, be printed and be sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Garcia; Hinojosa; Shields; Solis of Cameron; Uresti (9). Nays: None (0). PNV: None (0). Absent: None (0). There being no further business, the chair moved that the committee stand adjourned. There being no objection, the Committee on Judicial Affairs adjourned at 7:30 p.m. _________________________ Senfronia Thompson, Chair __________________________ Milda Mora, Chief Clerk