The House Committee on Judicial Affairs 
         77th Legislature 
         March 12, 2001 
         2:00 p.m. or upon final adjourn./recess 
         Capitol Extension, E2.028 
          
         Pursuant to a notice posted on March 6, 2001, the House  
         Committee on Judicial Affairs met in a public hearing and was  
         called to order by the chair, Representative Thompson, at 2:14  
         p.m. 
          
         The roll was answered as follows: 
          
         Present:  Representatives Thompson; Hartnett; Deshotel; Talton;  
                   Uresti (5). 
          
         Absent:   Representatives Capelo; Garcia; Hinojosa; Solis, Jim  
                   (4). 
          
         A quorum was present. 
          
         HB 1041, HB 1791, HB 2314, HB 1979 
          
         The chair laid out HB1791, HB 2314, HB 1979. 
          
         (Representative Solis, Jim now present.) 
          
         The chair recognized Representative Kuempel to explain HB 1791.  
          
         Testimony was taken on HB 1791.  (See attached witness list.) 
          
         The chair recognized Representative Kuempel to close on the  
         measure.  
          
         Representative Solis, Jim moved that HB 1791, without  
         amendments, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett;  
                             Deshotel; Solis, Jim; Talton; Uresti (6).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Capelo; Garcia; Hinojosa  (3).  
          
         The chair recognized Representative Chavez to explain HB 1979.  
          
         Representative Deshotel offered a complete committee substitute.  
         Testimony was taken.  (See attached witness list.) 
          
         (Representative Garcia now present.) 
  
         (Representative Capelo now present.) 
          
         The chair recognized Representative Chavez to close on the  
         measure.  
          
         Representative Capelo moved to adopt the substitute.  The  
         committee substitute to HB 1979 was adopted without objection. 
          
         Representative Capelo moved that HB 1979, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                             Garcia; Solis, Jim; Talton; Uresti (7).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Deshotel; Hinojosa  (2).  
           
         The chair recalled HB 1041 from subcommittee. 
          
         The chair laid out HB 1041 and  recognized Representative Smith  
         to explain HB 1041.  
          
         Testimony was taken.  (See attached witness list.) 
          
         Representative Garcia offered an amendment to HB 1041.  
          
         Amendment #1 was adopted without objection. 
          
         Representative Thompson moved that HB 1041, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                             Garcia; Solis, Jim; Talton; Uresti (7).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Deshotel; Hinojosa  (2).  
           
         The chair explained HB 2314. 
          
         Testimony was taken on HB 2314.  (See attached witness list.) 
          
         Representative Uresti moved that HB 2314, without amendments, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                             Garcia; Solis, Jim; Talton; Uresti (7).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Deshotel; Hinojosa  (2).  
           
         HB 1256 
          
         The chair laid out HB 1256. 
          
         The chair recognized Representative Ellis, Dan to explain the  
         measure.  
          
         Testimony was taken.  (See attached witness list.) 
          
         Representative Talton moved to leave HB 1256 pending. The bill  
         was left pending without objection. 
          
         HB 2053 
          
         The chair laid out HB 2053. 
          
         The chair recognized Representative Clark to explain the  
         measure.  
          
         Testimony was taken.  (See attached witness list.) 
          
         Representative Deshotel moved that HB 2053, without amendments,  
         be reported favorably to the full house with the recommendation  
         that it do pass and be printed. The motion prevailed by the  
         following record vote:  
          
         Ayes:               Representatives Thompson; Hartnett;  
                             Deshotel; Solis, Jim; Talton; Uresti (6).  
           
         Nays:               Representative Garcia (1).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Capelo; Hinojosa  (2).  
           
         HB 1037 
          
         The chair recalled HB 1037 from subcommittee.  
          
         The chair laid out HB 1037 and explained. 
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representative Hartnett in chair.) 
          
         Representative Hartnett offered a complete committee substitute.  
          
         The committee substitute was adopted without objection. 
          
         The chair recognized Representative Thompson to close on the  
         measure.  
          
         Representative Deshotel moved that HB 1037, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                             Deshotel; Solis, Jim; Talton; Uresti (7).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Garcia; Hinojosa  (2).  
           
         (Representative Thompson in chair.) 
          
         HB 1287 
          
         The chair moved to reconsider the vote by which HB 1287, as  
         substituted, was reported from committee on March 5th. The  
         motion prevailed by the following record vote:  
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                             Deshotel; Solis, Jim; Uresti (6).  
           
         Nays:               Representative Talton (1).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Garcia; Hinojosa  (2).  
           
         The chair moved to reconsider the vote by which the committee  
         substitute to HB 1287 was adopted.  The motion prevailed by the  
         following record vote: 
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                             Deshotel; Solis, Jim; Uresti (6).  
           
         Nays:               Representative Talton (1).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Garcia; Hinojosa  (2).  
  
         The chair laid out HB 1287. 
          
         Representative Deshotel offered an amendment to the measure. The  
         chair laid out amendment #1 
         and recognized Representative Deshotel to explain the amendment. 
          
         Representative Thompson moved adoption of amendment #1.   
         Amendment #1 was adopted without objection. 
          
         Representative Solis offered an amendment to the measure.  The  
         chair laid out amendment #2 and explained. 
          
         Representative Thompson moved adoption of amendment #2.   
         Amendment #2 was adopted without objection. 
          
         Representative Uresti offered an amendment to the measure.  The  
         chair laid out amendment #3 and explained. 
          
         Representative Thompson moved adoption of amendment #3.   
         Amendment #3 was adopted without objection. 
          
         Representative Capelo offered an amendment to the measure.  The  
         chair laid out amendment #4 and explained. 
          
         Representative Thompson moved adoption of amendment #4.   
         Amendment #4 was adopted without objection. 
          
         Representative Thompson offered an amendment to the measure,  
         laid out amendment #5 and explained.  Representative Thompson  
         moved adoption of amendment #5.  The motion prevailed by the  
         following: 
          
         Ayes:               Representatives Thompson; Capelo; Deshotel;  
                             Solis, Jim; Uresti (5).  
           
         Nays:               Representative Talton (1).  
           
         Present, Not Voting:     Hartnett  (1).  
           
         Absent:        Representatives Garcia; Hinojosa  (2).  
            
         The chair directed the staff to incorporate the adopted  
         amendments into a committee substitute. 
          
         Representative Deshotel offered the new substitute.  The chair  
         laid out CSHB 1287.  Representative Deshotel moved adoption of  
         CSHB 1287.  CSHB 1287 was adopted without objection. 
          
         Representative Solis, Jim moved that HB 1287, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett; Capelo;  
                     
                             Deshotel; Solis, Jim; Uresti (6).  
           
         Nays:               Representative Talton (1).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Garcia; Hinojosa  (2).  
           
         HB 923 
          
         The chair recalled HB 923 from subcommittee.  
          
         The chair laid out HB 923 and recognized Representative Hartnett  
         to explain the measure. 
          
         Representative Thompson offered a complete committee substitute  
         and recognized Representative Hartnett to explain the  
         substitute. 
          
         Representative Thompson moved adoption of the committee  
         substitute.  CSHB 923 was adopted without objection. 
          
         Representative Uresti moved that HB 923, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett;  
                             Deshotel; Solis, Jim; Talton; Uresti (6).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Capelo; Garcia; Hinojosa  (3).  
           
         HB 628 
          
         The chair recalled HB 628 from subcommittee.  
          
         The chair laid out HB 628 and recognized Representative Naishtat  
         to explain the measure. 
          
         Representative Deshotel offered a complete committee substitute.  
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair recognized Representative Naishtat to close on the  
         measure.  
          
         CSHB 628 was temporarily left pending without objection. 
          
         HB 1073 
          
         The chair laid out HB 1073. 
          
         The chair recognized Representative Farabee to explain the  
         measure.  
          
         Testimony was taken.  (See attached witness list.) 
          
         The bill was left pending without objection.  
          
         HB 628 
          
         The chair laid out CSHB 628 as pending business and moved  
         adoption of the substitute. CSHB 628 was adopted without  
         objection. 
           
         Representative Uresti moved that HB 628, 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 record vote:  
          
         Ayes:               Representatives Thompson; Hartnett;  
                             Deshotel; Solis, Jim; Talton; Uresti (6).  
           
         Nays:               None (0).  
           
         Present, Not Voting:     None  (0).  
           
         Absent:        Representatives Capelo; Garcia; Hinojosa  (3).  
           
         The chair referred the following directly bills to subcommittee: 
          
         Subcommittee on Probate 
         Hartnett, Chair; Garcia; Talton 
         HB 2716 by Maxey 
          
         Subcommittee on Local Courts  
         HB 1355 by Berman 
          
         Subcommittee on District Courts 
         Thompson, Chair; Hartnett; Hinojosa; Capelo; Deshotel 
          
         HB 2023 by Hinojosa 
         HB 2472 by Homer 
          
         There being no further business, the chair moved that the  
         committee stand adjourned.   There being no objection, the  
         Committee on Judicial Affairs adjourned at  3:39 p.m. 
          
         ____________________________ 
         Senfronia Thompson 
          
         _____________________________ 
         Milda Mora