The House Committee on Judicial Affairs
77th Legislature
October 22, 2002
10:00 a.m.
Capitol Extension, E2.026
Pursuant to a notice posted on October 15, 2002, the House
Committee on Judicial Affairs met in a public hearing and was
called to order by the chair, Representative Thompson, at 10:56
a.m.
The roll was answered as follows:
Present: Representatives Thompson; Hartnett; Capelo; Deshotel;
Garcia; Uresti (6).
Absent: Representatives Hinojosa; Solis, Jim; Talton (3).
A quorum was present.
Invited testimony was taken from Chief Justice Tom Phillips.
(See attached witness list.)
Committee Recommendation #1
The chair laid out committee recommendation #1.
RECOMMENDATION #1
The Legislature should pass a concurrent resolution commending
Howard Baldwin for his years of service to the children of Texas
and wishing him well in retirement.
Representative Deshotel moved that committee recommendation #1
be adopted. The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #2
The chair laid out committee recommendation #2.
RECOMMENDATION #2
Durable Powers of Attorney should require two independent
witnesses.
The chair moved that committee recommendation #2 be adopted. The
motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #3
The chair laid out committee recommendation #3.
RECOMMENDATION #3
An accounting of transactions by the attorney-in-fact should be
available to the persons authorized by the principal in the
durable power of attorney.
The chair moved that committee recommendation #3 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #4
The chair laid out committee recommendation #4.
RECOMMENDATION #4
The Durable Power of Attorney form should be amended
(1) to require that principal initial each power granted;.
(2) to separate powers on general real estate transaction
and powers authorizing sale of the principal's primary
residence; and,
(3) to create a new power authorizing transactions over
$50,000.
The chair moved that committee recommendation #4 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
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10/22/2002
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #5
The chair laid out committee recommendation #5.
RECOMMENDATION #5
The Durable Power of Attorney statute should be amended to make
the attorney-in-fact subject to the fiduciary standards of a
trustee.
The chair moved that committee recommendation #5 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #6
The chair laid out committee recommendation #6.
RECOMMENDATION #6
The Durable Power of Attorney statute should be amended to
prohibit the attorney-in-fact from self-dealing.
The chair moved that committee recommendation #6 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #7
The chair laid out committee recommendation #7.
RECOMMENDATION #7
Emergency contraception should be available behind-the-counter
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10/22/2002
in pharmacies on request. The pharmacy should be able to
require the requestor to fill out a simple form which might
reveal contraindications for emergency contraceptives.
Pharmacists who dispense emergency contraception without a
prescription should be required to obtain certification through
a continuing education class.
Pharmacists should be required to enter into a protocol with a
licensed medical doctor before dispensing emergency
contraception.
The chair moved that committee recommendation #7 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
Garcia; Uresti (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hartnett; Hinojosa; Solis, Jim;
Talton (4).
Committee Recommendation #8
The chair laid out committee recommendation #8.
RECOMMENDATION #8
Information on emergency contraception should be required to be
given to all females who report to a hospital emergency room,
that receives any state funding or is licensed by the state, as
a victim of sexual assault to prevent the additional trauma of
an unintended pregnancy.
The chair moved that committee recommendation #8 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
Garcia; Uresti (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hartnett; Hinojosa; Solis, Jim;
Talton (4).
Committee Recommendation #9
The chair laid out committee recommendation #9.
RECOMMENDATION #9
Crime Victims Compensation Fund guidelines should be revised to
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10/22/2002
include moving costs for sexual assault victims.
Representative Garcia moved that committee recommendation #9 be
adopted. The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
Garcia; Uresti (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hartnett; Hinojosa; Solis, Jim;
Talton (4).
Committee Recommendation #10
The chair laid out committee recommendation #10.
RECOMMENDATION #10
Every 7th grade student in an accredited Texas school should be
required to participate for two hours in a sexual assault
prevention class approved by the Attorney General and the Texas
Association Against Sexual Assault.
Representative Capelo moved that committee recommendation #10
be adopted. The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
Garcia; Uresti (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hartnett; Hinojosa; Solis, Jim;
Talton (4).
Committee Recommendation #11
The chair laid out committee recommendation #11.
RECOMMENDATION #11
Each school district in Texas should be required to appropriate
$0.10 for each child enrolled in grades K-6 for sexual assault
prevention training. Funds shall be transferred to the nearest
sexual assault prevention program for public school students
certified by the Texas Association Against Sexual Assault.
The chair moved that committee recommendation #11 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
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10/22/2002
Garcia; Uresti (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hartnett; Hinojosa; Solis, Jim;
Talton (4).
Committee Recommendation #12
The chair laid out committee recommendation #12.
RECOMMENDATION #12
The Governor's Criminal Justice Division should be required to
assist counties in establishing drug courts with federal funds.
The chair moved that committee recommendation #12 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #13
The chair laid out committee recommendation #13.
RECOMMENDATION #13
State prison funds should be diverted to fund existing drug
courts.
The chair moved that committee recommendation #13 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #14
The chair laid out committee recommendation #14.
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10/22/2002
RECOMMENDATION #14
Existing drug courts should be expanded in counties with an
existing drug court and in counties with a population of over
1,000,000
The chair moved that committee recommendation #14 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #15
The chair laid out committee recommendation #15.
RECOMMENDATION #15
A constitutional amendment should be approved to allow the
Legislature to establish true drug courts, modeled on those in
Dallas and Travis counties.
The chair moved that committee recommendation #15 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #16
The chair laid out committee recommendation #16.
RECOMMENDATION #16
Any judicial redistricting plan should eliminate
1. noncontiguous districts;
2. overlapping geographic judicial districts;
3. courts in which less than 25% of the statewide average
caseload are filed; and,
4. single judge districts.
The chair moved that committee recommendation #16 be adopted.
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10/22/2002
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #17
The chair laid out committee recommendation #17.
RECOMMENDATION #17
The Secretary of State should be authorized to mail every
registered voter statements provided by judicial candidates 30
days before a general election.
The chair moved that committee recommendation #17 be adopted.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
Committee Recommendation #18
The chair laid out committee recommendation #18.
Committee Recommendation #18
The chair laid out committee recommendation #18.
RECOMMENDATION #18
If evidence is discovered that any of the Tulia convictions were
unjustly obtained, the Office of the Attorney General shall
notify all interested officers of the court of these findings,
so that any and all appropriate measures are taken to ensure
that justice is carried out for those unjustly convicted, as
well as for those involved in the apprehension and prosecution
of the cases.
Representative Deshotel moved that committee recommendation #19
be adopted. The motion prevailed by the following record vote:
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Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Uresti (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Hinojosa; Solis, Jim; Talton
(3).
At 11:56 a.m., on the motion of the chair and without objection,
the meeting was adjourned subject to the call of the chair.
________________________
Rep. Thompson, Chair
________________________
Milda Mora, Clerk