MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Thursday, May 12, 2005
11:00 a.m. or upon adjournment
Capitol Extension, Room E1.016
*****
Pursuant to suspension of Senate Rule 11.18, a public hearing of
the Senate Committee on Jurisprudence was held on Thursday, May
12, 2005, in the Capitol Extension, Room E1.016, at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jeff Wentworth Senator Robert Duncan
Senator Mario Gallegos, Jr. Senator Royce West
Senator Kip Averitt
Senator Chris Harris
Senator Juan Hinojosa
*****
The chair called the meeting to order at 4:21 p.m. The
following business was transacted:
The chair laid out HB 1586 and recognized the Senate sponsor,
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. Upon arrival of a quorum, Senator
Hinojosa moved that HB 1586 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 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 1394 and recognized the Senate sponsor,
Senator Brimer, to explain the bill. There were no witnesses on
the bill. Upon arrival of a quorum, Senator Averitt moved that
HB 1394 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 Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 657 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. There were no witnesses
on the bill. Upon arrival of a quorum, Senator Averitt moved
that HB 657 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 Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1622 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. Senator Wentworth sent up
a committee substitute; the chair recognized Senator Averitt 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 Averitt moved that HB 1622 do not pass but that CSHB
1622 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.
At 4:30 p.m. Senator Averitt assumed the chair.
The chair laid out HB 1059 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 1059 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 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 261 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. Senator Wentworth moved that HB
261 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 Wentworth moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 4:40 p.m. Senator Hinojosa assumed the chair.
At 4:55 p.m. the committee stood at ease.
At 5:12 p.m. the committee reconvened.
At 5:12 p.m. Senator Averitt assumed the chair.
The chair laid out HB 240 and recognized Senator Averitt, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses on the bill. Upon arrival of a quorum, Senator
Averitt moved that HB 240 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 Averitt moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 788 and recognized Senator Averitt, 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 788 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 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 956 and recognized Senator Averitt, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses on the bill. Upon arrival of a quorum, Senator
Harris moved that HB 956 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 HB 2174 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses on the bill. Upon arrival of a quorum,
Senator Averitt moved that HB 2174 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 Averitt moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 2200 and recognized Senator Averitt, 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 Hinojosa moved that HB 2200 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
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 3199 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses on the bill. Upon arrival of a quorum,
Senator Averitt moved that HB 3199 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 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 3481 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses on the bill. Upon arrival of a quorum,
Senator Averitt moved that HB 3481 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 Averitt moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 248 and recognized Senator Averitt, 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 248 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 HB 252 and recognized Senator Averitt, 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 Harris moved that HB 252 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 HB 410 and recognized Senator Averitt, 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 Harris moved that HB 410 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 HB 1179 and recognized Senator Averitt, 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 Harris moved that HB 1179 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 5:23 p.m. Senator Wentworth resumed the chair.
The chair laid out HB 2518 and recognized Senator Hinojosa, in
the absence of the Senate sponsor, to explain the bill. Senator
Hinojosa sent up a committee substitute; the chair recognized
Senator Hinojosa 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
Hinojosa moved adoption of the committee substitute; without
objection, it was so ordered. Senator Hinojosa moved that HB
2518 do not pass but that CSHB 2518 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 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 1642 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 Harris moved that HB 1642 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 HB 3263 and recognized the Senate sponsor,
Senator Janek, to explain the bill. There were no witnesses on
the bill. Upon arrival of a quorum, Senator Hinojosa moved that
HB 3263 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 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 182 and recognized the Senate sponsor,
Senator Janek, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Janek 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 Harris moved that HB 182 do not pass but that CSHB 182
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.
The chair laid out HB 3010 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 Harris moved that HB 3010 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 HJR 87 and recognized Senator Hinojosa, in
the absence of the Senate sponsor, to explain the bill. Senator
Wentworth sent up a committee substitute; the chair recognized
Senator Hinojosa 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 Wentworth moved that HJR
87 do not pass but that CSHJR 87 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 5:55 p.m. Senator Wentworth moved that the committee stand
recessed until 6:30 p.m; without objection, it was so ordered.
At 6:56 p.m. the committee reconvened.
The clerk called roll.
Senator Averitt moved adoption of the minutes from the previous
hearing held on May 4, 2005; without objection, it was so
ordered.
The chair laid out HB 3265 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Wentworth moved
that HB 3265 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.
The chair announced the motion in writing by Senator Gallegos.
Senator Gallegos was shown voting aye on the following bills:
HB 182, HB 240, HB 248, HB 252, HB 261, HB 410, HB 657, HB 788,
HB 956, HB 1059, HB 1179, HB 1394, HB 1586, HB 1622, HB 1642, HB
2174, HB 2200, HB 2518, HB 3010, HB 3199, HB 3263, HB 3481 and
HJR 87.
There being no further business, at 7:10 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