MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                             Wednesday, April 27, 2005 
                                     1:30 p.m. 
                           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 27, 2005, in the Capitol Extension,  
         Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jeff Wentworth                  Senator Robert Duncan 
         Senator Mario Gallegos, Jr.             Senator Chris Harris 
         Senator Kip Averitt                     Senator Royce West 
         Senator Juan Hinojosa 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 3:47 p.m.  The  
         following business was transacted:   
          
         The chair laid out SB 1450 and recognized the author, Senator  
         Averitt, 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.  Upon arrival of a quorum, Senator  
         Averitt moved that SB 1450 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, 0 nay, 0 present  
         not voting, and 3 absent.  Senator Averitt moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 3:50 p.m. Senator Gallegos, Jr. assumed the chair.   
          
         The chair laid out HB 231 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Wentworth moved that HB 231 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, 0 nay, 0 present  
         not voting, and 3 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 HB 282 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Wentworth moved that HB 282 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, 0 nay, 0 present  
         not voting, and 3 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 HB 1077 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.  Senator Wentworth laid  
         out a committee substitute;  the chair recognized Senator  
         Wentworth to explain the difference between the committee  
         substitute and the bill as filed.  Senator Wentworth laid out  
         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 Wentworth moved  
         adoption of the committee substitute and Committee Amendment 1;  
         without objection, it was so ordered.  Senator Wentworth  
         requested unanimous consent to incorporate Committee Amendment 1  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Wentworth then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Wentworth moved that HB 1077 do not pass but that CSHB  
         1077 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 Gallegos, Jr. moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         At 4:01 p.m. Senator Wentworth resumed the chair.   
          
         The chair laid out SB 1868 and recognized the author, Senator  
         Deuell, to explain the bill.  Senator Gallegos, Jr. sent up a  
         committee substitute.  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 HB 330 and recognized the Senate sponsor,  
         Senator Deuell, to explain the bill.  There were no witnesses on  
         the bill.  Upon arrival of a quorum, Senator Hinojosa moved that  
         HB 330 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, 0 nay, 0 present not  
         voting, and 3 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 HB 564 and recognized Senator Gallegos, Jr.,  
         in the absence of the Senate sponsor, to explain the bill.   
         There were no witnesses on the bill.  Upon arrival of a quorum,   
  
         Senator Hinojosa moved that HB 564 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, 0 nay, 0  
         present not voting, and 3 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 HB 593 and recognized Senator Gallegos, Jr.,  
         in the absence of the Senate sponsor, to explain the bill.   
         There were no witnesses on the bill.  Upon arrival of a quorum,  
         Senator Gallegos, Jr. moved that HB 593 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, 0  
         nay, 0 present not voting, and 3 absent.  Senator Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 595 and recognized Senator Gallegos, Jr.,  
         in the absence of the Senate sponsor, to explain the bill.   
         Senator Gallegos, Jr. sent up a committee substitute; the chair  
         recognized Senator Gallegos, Jr. to explain the difference  
         between the committee substitute and the bill as filed.  There  
         were no witnesses on the bill.  Upon arrival of a quorum,  
         Senator Wentworth moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator Gallegos, Jr.  
         moved that HB 595 do not pass but that CSHB 595 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 Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.    
          
         The chair laid out HB 597 and recognized Senator Gallegos, Jr.,  
         in the absence of the Senate sponsor, to explain the bill.   
         There were no witnesses on the bill.  Upon arrival of a quorum,  
         Senator Gallegos, Jr. moved that HB 597 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, 0  
         nay, 0 present not voting, and 3 absent.  Senator Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1875 and recognized the author, Senator  
         Hinojosa, to explain the bill.  There were no witnesses on the  
         bill.  Upon arrival of a quorum, Senator Wentworth sent up a  
         committee substitute and moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Gallegos, Jr. moved that SB 1875 do not pass but that CSSB 1875  
         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  
         Gallegos, Jr. moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.      
          
         The chair laid out HB 2913 and recognized the Senate sponsor,  
         Senator Hinojosa, 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.  Upon arrival of a quorum, Senator  
         Hinojosa moved that HB 2913 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, 0 nay, 0 present  
         not voting, and 3 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 HB 729 and recognized Senator Hinojosa, in  
         the absence of the Senate sponsor, 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.  Upon arrival of a  
         quorum, Senator Averitt moved that HB 729 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, 0  
         nay, 0 present not voting, and 3 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 1122 and recognized Senator Gallegos, Jr.,  
         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.  Upon arrival of a quorum,  
         Senator Gallegos, Jr. moved that SB 1122 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, 0  
         nay, 0 present not voting, and 3 absent.  Senator Gallegos, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1597 and recognized Senator Gallegos, Jr.,  
         in the absence of the author, to explain the bill.  Senator  
         Gallegos, Jr. sent up a committee substitute; the chair  
         recognized Senator Gallegos, Jr. 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.  Upon arrival of a  
         quorum, Senator Wentworth moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Averitt moved that SB 1597 do not pass but that CSSB 1597 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 1152 and recognized Senator Gallegos, Jr.,  
         in the absence of the author, to explain the bill.  Senator  
         Gallegos, Jr. sent up a committee substitute; the chair  
         recognized Senator Gallegos, Jr. 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.  Upon arrival of a  
         quorum, Senator Wentworth moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Gallegos, Jr. moved that SB 1152 do not pass but that CSSB 1152  
         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  
         Gallegos, Jr. moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out SB 1768 and recognized Senator Gallegos, Jr.,  
         in the absence of the author, to explain the bill.  Senator  
         Gallegos, Jr. 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 Gallegos moved adoption of Committee Amendment 1;  
         without objection, the amendment was adopted.  Senator Gallegos  
         moved to roll Committee Amendment 1 into the body of the bill;  
         without objection, it was so ordered.  Senator Gallegos moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Gallegos, Jr. moved that SB 1768 do not  
         pass but that CSSB 1768 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 Gallegos, Jr. moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 1190 and recognized Senator Gallegos, Jr.,  
         in the absence of the Senate sponsor, 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 1704 and recognized Senator Gallegos, Jr.,  
         in the absence of the author, to explain the bill.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         During public testimony on SB 1704 the following business was  
         transacted. 
          
         The clerk called roll.  A quorum was present. 
          
         Senator Gallegos, Jr. moved adoption of the minutes from the  
         previous hearings held on April 20, 2005 and April 21, 2005;  
         without objection, it was so ordered.  
          
         The following bills were pending bills. 
  
         The chair laid out SB 349.  Senator Wentworth moved adoption of  
         the committee substitute; without objection, it was so ordered.   
         Senator Wentworth moved that SB 349 do not pass but that CSSB  
         349 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 504.  Senator Wentworth sent up a  
         committee substitute and explained the difference between the  
         committee substitute and the bill as filed.  Senator Wentworth  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Gallegos, Jr. moved that SB 504 do  
         not pass but that CSSB 504 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 952.  Senator Wentworth sent up a  
         committee substitute.  Senator Wentworth moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Hinojosa moved that SB 952 do not pass but that CSSB 952  
         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  
         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 978.  Senator Wentworth sent up a  
         committee substitute.  Senator Wentworth moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Averitt moved that SB 978 do not pass but that CSSB 978  
         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  
         Gallegos moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.     
          
         The chair laid out SB 534.  Senator Wentworth sent up a  
         committee substitute.  Senator Wentworth moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Hinojosa moved that SB 534 do not pass but that CSSB 534  
         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 1003.  Senator Wentworth moved adoption of  
         the committee substitute; without objection, it was so ordered.   
         Senator Gallegos moved that SB 1003 do not pass but that CSSB  
         1003 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 1657.  Senator Wentworth sent up a  
         committee substitute.  Senator Wentworth moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Hinojosa moved that SB 1657 do not pass but that CSSB  
         1657 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 Hinojosa moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Testimony continued on SB 1704.  Public testimony was closed and  
         the bill was left pending.   
          
         There being no further business, at 6:26 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