MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                             Wednesday, March 23, 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 23, 2005, in the Capitol Extension,  
         Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jeff Wentworth                  Senator Mario Gallegos,  
         Jr. 
         Senator Kip Averitt                     Senator Juan Hinojosa 
         Senator Robert Duncan 
         Senator Chris Harris 
         Senator Royce West 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 4:22 p.m.  The  
         following business was transacted:   
          
         The chair laid out SB 534 and recognized the author, Senator  
         Lindsay, 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.  The bill was left pending. 
          
         The chair laid out SB 672 and recognized the author, Senator  
         Seliger, 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  
         672 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Harris moved that  
         SB 672 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 Harris moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 4:44 p.m. Senator Harris assumed the chair.   
          
         The chair laid out SB 149 and recognized the author, Senator  
         Wentworth, 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.  Senator Wentworth sent up Committee Amendment 1.   
         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.  Upon arrival of a  
         quorum, Senator Harris moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Harris moved adoption of Committee Amendment 1; without  
         objection, it was so ordered.  Senator Harris requested  
         unanimous consent to roll the amendment into a committee  
         substitute and moved the adoption of the new committee  
         substitute; without objection, it was so ordered.  Senator  
         Harris moved that SB 149 do not pass but that CSSB 149 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 Harris  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.     
          
         At 4:50 p.m. Senator Duncan assumed the chair.   
          
         At 4:51 p.m. Senator Wentworth resumed the chair.   
          
         The chair laid out SCR 7 and recognized the author, Senator  
         Duncan, to explain the bill.  Senator Duncan sent up Committee  
         Amendment 1.  There were no witnesses on the bill.  Upon arrival  
         of a quorum, Senator Duncan moved adoption of Committee  
         Amendment 1; without objection, the amendment was adopted.   
         Senator Duncan moved to roll the amendment into the body of the  
         bill; without objection, it was so ordered.  Senator Duncan  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Duncan moved that SCR 7 do not pass  
         but that CSSCR 7 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 Duncan moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out SB 291 and recognized Senator Duncan, in the  
         absence of the author, to explain the bill.   
          
         The clerk called roll.  There was a quorum present. 
          
         Senator Duncan moved adoption of the minutes from the previous  
         hearing held on March 16, 2005; without objection, it was so  
         ordered.   
          
         Testimony was taken on SB 291.  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 West moved that SB 291 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  
         West moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Harris moved that SB 671 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 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 673 and recognized Senator Duncan.   
         Senator Duncan sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Duncan  
         moved to roll the amendment into the body of the bill and moved  
         that the committee substitute be adopted; without objection, it  
         was so ordered.  Senator Duncan moved that SB 673 do not pass  
         but that CSSB 673 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 Duncan moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 5:16 p.m. Senator Duncan assumed the chair.   
          
         The chair laid out SB 165 and recognized the author, Senator  
         Wentworth, 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.  Senator Wentworth sent up Committee Amendment 1.   
         Senator Wentworth sent up Committee Amendment 2.  Senator  
         Wentworth sent up Committee Amendment 3.  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.   
          
         At 6:27 p.m. Senator Wentworth resumed the chair.      
          
         The chair announced the motion in writing by Senator Averitt. 
          
         Senator Averitt was shown voting aye on the following bills:  SB  
         149, SB 291, SB 672, SCR 7, SB 671 and SB 673. 
          
         There was no action taken on the following bills:  SB 145 and SB  
         349. 
          
         There being no further business, at 6:28 p.m. Senator Averitt  
         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