MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                              Wednesday, March 9, 2005 
                           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, March 9, 2005, in the Capitol Extension,  
         Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jeff Wentworth                  Senator Kip Averitt 
         Senator Mario Gallegos, Jr. 
         Senator Robert Duncan 
         Senator Chris Harris 
         Senator Juan Hinojosa 
         Senator Royce West 
          
                                       ***** 
                                           
         The chair called the meeting to order at 1:36 p.m.  The  
         following business was transacted:   
          
         The chair laid out SB 441 and recognized the author, Senator  
         Madla, to explain the bill.  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 Wentworth moved that SB  
         441 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Hinojosa moved  
         that SB 441 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 1 absent.  Senator Hinojosa moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out SB 335 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Wentworth sent up a  
         committee substitute; the chair recognized Senator Carona to  
         explain the difference between the committee substitute and the  
         bill as filed.  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 Wentworth moved that SB 335 be left pending to await a  
  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Hinojosa moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Hinojosa moved that SB 335 do not pass but that CSSB 335 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
         ayes, 0 nay, 0 present not voting, and 1 absent.    
          
         The chair laid out SB 220 and recognized the author, Senator  
         Carona, to explain the bill.  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 Wentworth moved that SB  
         220 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Wentworth sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Wentworth moved that the  
         amendment be rolled into the bill; without objection, the  
         amendment was rolled into the bill.  The Chair moved adoption of  
         the committee substitute; without objection, it was so ordered.    
         Senator Wentworth moved that SB 220 do not pass but that CSSB  
         220 be reported back to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 6 ayes, 0 nay, 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 SB 219 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Wentworth sent up a  
         committee substitute; the chair recognized Senator Carona to  
         explain the difference between the committee substitute and the  
         bill as filed.  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 Wentworth moved that SB 219 be left pending at the  
         request of the author; without objection, it was so ordered. 
          
         The chair laid out SB 393 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Wentworth sent up a  
         committee substitute; the chair recognized Senator Van de Putte  
         to explain the difference between the committee substitute and  
         the bill as filed.  Senator Wentworth moved that SB 393 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Gallegos, Jr. moved adoption  
         of the committee substitute; without objection, it was so  
         ordered.  Senator Gallegos, Jr. moved that SB 393 do not pass  
         but that CSSB 393 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 Gallegos, Jr. moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.      
          
         At 3:16 p.m. Senator Harris assumed the chair.   
  
         The chair laid out SB 550 and recognized Senator Wentworth, in  
         the absence of the author, to explain the bill.  Senator  
         Wentworth sent up a committee substitute; the chair recognized  
         Senator Wentworth to explain the difference between the  
         committee substitute and the bill as filed.  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 550 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Gallegos, Jr.  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Gallegos, Jr. moved that SB 550 do  
         not pass but that CSSB 550 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 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 SB 552 and recognized Senator Wentworth, in  
         the absence of the author, to explain the bill.  There were no  
         witnesses testifying on the bill.  Senator Harris moved that SB  
         552 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Gallegos, Jr.  
         moved that SB 552 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 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 SB 451 and recognized the author, Senator  
         Wentworth, to explain the bill.  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 451  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Wentworth moved that  
         SB 451 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 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.   
          
         At 3:20 p.m. Senator Wentworth resumed the chair.   
          
         At 3:20 p.m. Senator Wentworth moved that the committee stand  
         recessed until 3:30 p.m.; without objection, it was so ordered. 
          
         At 3:37 p.m. the committee reconvened. 
          
         The clerk called roll.  There was a quorum present. 
          
         Senator Gallegos, Jr. moved adoption of the minutes from the  
         previous hearings held on February 23, 2005 and March 2, 2005;  
         without objection, it was so ordered.   
          
         The chair laid out SB 103 and recognized Senator Harris, 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 the public testimony be closed;  
         without objection, it was so ordered.  Senator Harris moved that  
         SB 103 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 1 absent.  Senator Gallegos, Jr. moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.    
          
         At 4:09 p.m. Senator Gallegos, Jr. assumed the chair.   
          
         At 4:12 p.m. Senator Wentworth resumed the chair.   
          
         Senator Gallegos, Jr. moved that SB 436 be reported favorably 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 Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Gallegos, Jr. moved that SB 438 be reported favorably 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 Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Gallegos, Jr. moved that SB 439 be reported favorably 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 Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         At 4:20 p.m. Senator Gallegos, Jr. assumed the chair.   
          
         Senator Wentworth moved that SB 241 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 4 ayes, 2 nays, 0  
         present not voting, and 1 absent.   
          
         Senator Wentworth moved that SB 346 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 6 ayes, 0 nay, 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.    
          
         Senator Wentworth moved that SB 347 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 6 ayes, 0 nay, 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.    
          
         Senator Wentworth moved that SB 348 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 6 ayes, 0 nay, 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.    
          
         At 4:25 p.m. Senator Wentworth resumed the chair.   
          
         The chair announced the motions in writing by Senator Duncan and  
         Senator West. 
          
         Senator Duncan was shown voting aye on the following bills:  SB  
         103, SB 220, SB 441, SB 550, SB 552, SB 346, SB 347, SB 348, SB  
         451 and SB 335.  Senator Duncan was shown voting nay on the  
         following bill:  SB 241. 
          
         Senator West was shown voting aye on the following bills:  SB  
         103, SB 220, SB 335, SB 441, SB 451, SB 550, SB 552, SB 346, SB  
         347, SB 348, SB 393, SB 436, SB 438 and SB 439.  Senator West  
         was shown voting nay on the following  bill:  SB 241. 
          
         There was no action taken on the following bills:  SB 145, SB  
         349 and SB 435. 
          
         There being no further business, at 4:27 p.m. Senator Wentworth  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Jeff Wentworth, Chair 
          
         _____________________________ 
         Stephanie Hoover, Clerk