MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, May 10, 1999
9:00 am
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, May 10, 1999 in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis Senator Chris Harris
Senator J. E. Brown
Senator Gregory Luna
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 9:15 am. The
following business was transacted.
The following members arrived after the roll was called:
Senator Chris Harris
Senator J. E. Brown
Senator Jeff Wentworth
The Chair laid out HB 2060 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 2060 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2060 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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.
At 9:17 am, the Chair moved that the committee stand at ease
until the arrival of a Senate sponsor; without objection, it
was so ordered.
At 9:19 am, the Chair called the meeting back to order.
The Chair laid out HB 2671 and recognized the Senate sponsor,
Senator Shapleigh, 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.
The Chair moved that HB 2671 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2671 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 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 3130 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
The Chair moved that HB 3130 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 3130 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 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 2208 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 2208 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2208 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 HB 3081 and recognized the Senate sponsor,
Senator Lindsay, 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 Lindsay 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.
The Chair moved that HB 3081 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 3081 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 HB 2535 and recognized the Senate sponsor,
Senator West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2535 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2535 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 HB 1663 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 1663 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 1663 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 4 ayes, 0 nays,
0 present not voting, and 1 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 HB 1839 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 1839 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 1839 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 SCR 72 and recognized Senator Wentworth, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SCR 72 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved that SCR 72 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 0 nays, 0
present not voting, and 1 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 HB 2580 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 2580 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2580 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 HB 3337 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 3337 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 3337 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 HB 3338 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 3338 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 3338 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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 HB 3635 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 3635 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 3635 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 3 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.
At 9:39 am Senator Wentworth assumed the chair.
The Chair laid out HB 2441 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 2441 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2653 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 2653 be left pending; without
objection, it was so ordered.
The Chair laid out HB 625 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 625 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 9:45 am Senator Ellis resumed the chair.
The Chair laid out HB 3779 and recognized the Senate sponsor,
Senator Truan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 3779 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 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.
At 9:48 am Senator Harris assumed the chair.
The Chair laid out HB 82 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis sent up a committee substitute; the Chair
recognized Senator Ellis to explain the difference between the
committee substitute and the bill as filed. Senator Ellis
requested unanimous consent to incorporate amendments into the
committee substitute. Senator Ellis then moved that the new
committee substitute be adopted.
Senator Wentworth moved that HB 82 do not pass but that CSHB
82 be reported back to the Senate with the recommendation that
it do pass and be printed. The motion carried with a vote of
4 ayes, 0 nays, 0 present not voting, and 1 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 HB 1752 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that HB 1752, 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 4 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 919 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 919 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 1660 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 1660 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 1661 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 1661 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid HB 1507 left pending from a previous hearing.
Senator Ellis moved that HB 1507 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 1662 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 1662 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 10:05 am Senator Ellis resumed the chair.
The Chair laid out HB 1324 and recognized the Senate sponsor,
Senator Carona, 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 Carona to explain the difference between
the committee substitute and the bill as filed. Senator
Harris requested unanimous consent to incorporate amendments
into the committee substitute.
Senator Harris then moved that the new committee substitute be
adopted.
Senator Harris moved that HB 1324 do not pass but that CSHB
1324 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 4 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 2246 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 2246 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 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 2313 and recognized Senator Harris, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 2313 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 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 2594 and recognized Senator Harris, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 2594 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 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 3207 and recognized Senator Harris, in
the absence of the Senate sponsor, 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 HB 3207 do not pass but that CSHB
3207 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 3 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 1477 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 1477 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 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.
At 10:50 am Senator Brown assumed the chair.
The Chair laid out HB 2354 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 2354 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye as long as the vote does not change the
outcome of the vote; without objection it was so ordered.
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 1767 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 1767 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye as long as it does not change the outcome
of the vote; without objection it was so ordered.
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 1475 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 moved that HB 1475, 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 4 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye as long as it does not change the outcome
of the vote; without objection it was so ordered.
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 1851 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 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 HB 1851 do not pass but that CSHB
1851 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 4 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.
At 11:01 am Senator Ellis resumed the chair.
The Chair laid out HB 865 and recognized Senator Brown, in the
absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 865 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 2196 and recognized Senator Brown, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 2196 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 734 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 734 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 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 HJR 36 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 HJR 36 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 0 present
not voting, and 2 absent.
The Chair laid out HB 1521 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 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 HB 1521 do not pass but that CSHB
1521 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 3 ayes, 0 nays, 0 present not voting, and 2 absent.
There being no further business, at 11:27 am 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
______________________
Kenneth Besserman, Clerk