MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, April 2, 2003
1:30 p.m. or upon adjournment
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Jurisprudence
was held on Wednesday, April 2, 2003, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Robert Duncan Senator Teel Bivins
Senator Mario Gallegos, Jr.
Senator Kip Averitt
Senator Chris Harris
Senator Eddie Lucio, Jr.
Senator Royce West
*****
The chair called the meeting to order at 5:12 p.m. There being
a quorum present, the following business was transacted:
Senator Lucio, Jr. assumed the chair.
The chair laid out SJR 33 and recognized the author, Senator
Duncan, to explain the resolution. The chair also laid out SB
794 and recognized the author, Senator Duncan, to explain the
bill. Testimony taken applied to SJR 33 as well as SB 794.
Witnesses testifying and registering on the resolution and the
bill are shown on the attached list.
Senator West assumed the chair.
The chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Duncan moved that SJR 33
and SB 794 be left pending; without objection, it was so
ordered.
Senator Harris assumed the chair.
The chair laid out SB 1207 and recognized the author, Senator
Duncan, to explain the bill. Senator Duncan sent up a committee
substitute; the chair recognized Senator Duncan to explain the
difference between the committee substitute and the bill as
filed. Senator Duncan moved adoption of the committee
substitute; without objection, it was so ordered. Witnesses
testifying and registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. The bill was left pending
before the committee.
Senator Duncan resumed the chair.
The chair laid out SB 1501 and recognized the author, Senator
Janek, to explain the bill. Senator Averitt sent up a committee
substitute; the chair recognized Senator Janek to explain the
difference between the committee substitute and the bill as
filed. Senator Averitt moved adoption of the committee
substitute; without objection, it was so ordered. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Senator West moved that SB 1501 do not pass but
that CSSB 1501 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 4 ayes, 0 nay, 0 present not
voting, and 3 absent. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1017 and recognized the author, Senator
Wentworth, to explain the bill. Senator Harris sent up a
committee substitute; the chair recognized Senator Wentworth 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. Witnesses
testifying and registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Harris moved that
SB 1017 do not pass but that CSSB 1017 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 5 ayes, 0 nay, 0
present not voting, and 2 absent.
The chair laid out SB 1156 and recognized the author, Senator
Averitt, to explain the bill. Senator Averitt sent up a
committee substitute; the chair recognized Senator Averitt to
explain the difference between the committee substitute and the
bill as filed. Senator Averitt moved adoption of the committee
substitute; without objection, it was so ordered. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Senator Averitt moved that SB 1156 do not pass
but that CSSB 1156 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 2 absent. Senator Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1157 and recognized the author, Senator
Averitt, to explain the bill. Senator Averitt sent up a
committee substitute; the chair recognized Senator Averitt to
explain the difference between the committee substitute and the
bill as filed. Senator Averitt moved adoption of the committee
substitute; without objection, it was so ordered. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Senator Averitt moved that SB 1157 do not pass
but that CSSB 1157 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 2 absent. Senator Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out CSSB 1010 and recognized the author, Senator
West, to explain the bill. Senator West made a motion to
reconsider the vote by which a committee substitute was
previously adopted, without objection, the committee substitute
was placed on the table, subject to amendment. Senator West
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator West requested
unanimous consent to incorporate the amendment into the
committee substitute; without objection, it was so ordered.
Senator West then moved that the new committee substitute be
adopted; without objection, it was so ordered. Public testimony
was reopened. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator West
moved that SB 1010 do not pass but that CSSB 1010 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 5 ayes, 0
nay, 0 present not voting, and 2 absent.
The chair laid out SB 141 and recognized Senator Averitt, in the
absence of the author, to explain the bill. Senator Averitt
sent up a committee substitute; the chair recognized Senator
Averitt to explain the difference between the committee
substitute and the bill as filed. Senator Averitt moved
adoption of the committee substitute; without objection, it was
so ordered. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Averitt
moved that SB 141 do not pass but that CSSB 141 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 5 ayes, 0
nay, 0 present not voting, and 2 absent. Senator Averitt moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 1059 and recognized Senator Averitt, in
the absence of the author, to explain the bill. Senator Averitt
sent up a committee substitute; the chair recognized Senator
Averitt to explain the difference between the committee
substitute and the bill as filed. Senator Averitt moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Averitt sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Averitt requested unanimous consent to incorporate the
amendment into the committee substitute; without objection, it
was so ordered. Senator Averitt then moved that the new
committee substitute be adopted; without objection, it was so
ordered. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Averitt moved
that SB 1059 do not pass but that CSSB 1059 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 4 ayes, 0
nay, 0 present not voting, and 3 absent.
The chair laid out SB 853 and recognized Senator Lucio, Jr., in
the absence of the author, to explain the bill. Senator Averitt
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Averitt requested unanimous consent to roll
the amendment into the original bill, creating a new committee
substitute; without objection, it was so ordered. Senator
Averitt then moved that the new committee substitute be adopted;
without objection, it was so ordered. Senator Averitt moved
that SB 853 do not pass but that CSSB 853 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 4 ayes, 0
nay, 0 present not voting, and 3 absent.
The chair laid out CSSB 122 and recognized the author, Senator
Lindsay, to explain the bill. Senator West made a motion to
reconsider the vote by which the committee substitute was
previously adopted, without objection, the committee substitute
was laid on the table, subject to amendment. Senator West sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. Senator West requested unanimous
consent to incorporate amendments into the committee substitute;
without objection, it was so ordered. Senator West then moved
that the new committee substitute be adopted; without objection,
it was so ordered. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Lucio,
Jr. moved that SB 122 do not pass but that CSSB 122 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 4 ayes, 0
nay, 0 present not voting, and 3 absent.
The chair laid out SB 1206 and recognized the author, Senator
Lindsay, to explain the bill. Senator Averitt sent up a
committee substitute; the chair recognized Senator Lindsay to
explain the difference between the committee substitute and the
bill as filed. Witnesses testifying and registering on the bill
and the proposed committee substitute are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. The bill was left pending
before the committee.
Senator Lucio requested unanimous consent to be shown voting aye
on the committee substitute for SB 1501, without objection, it
was so ordered.
Senator Gallegos requested unanimous consent to be shown voting
aye on the committee substitutes for: SB 1017, SB 1156, SB 1157,
SB 1501, SB 141, SB 853, SB 1010 and SB 1059, without objection,
it was so ordered.
There being no further business, the Committee stood recessed
subject to the call of the chair.
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Senator Robert Duncan, Chair
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Teddy Carter, Clerk