MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, May 18, 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, May 18, 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 Juan Hinojosa
Senator Royce West
*****
The Senator Gallegos called the meeting to order at 1:59 p.m.
The following business was transacted:
The chair laid out HB 2569 and recognized the Senate sponsor,
Senator Williams, 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 2569 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 270 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. There were no witnesses
on the bill. Upon arrival of a quorum, Senator Averitt moved
that HB 270 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 1997 and recognized the Senate sponsor,
Senator Estes, 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 HB 1997 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.
At 2:05 p.m. Senator Wentworth assumed the chair.
The chair laid out HB 3541 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. Upon arrival of a
quorum, Senator Gallegos, Jr. moved that HB 3541 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.
The chair laid out HB 3485 and recognized the Senate sponsor,
Senator Lucio, Jr., 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 HB 1965 and recognized the Senate sponsor,
Senator Van de Putte, 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 HB 201 and recognized the Senate sponsor,
Senator Van de Putte, 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 HB 2120 and recognized the Senate sponsor,
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. Senator Wentworth moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Wentworth sent up Committee Amendment 1 and moved
adoption; without objection, it was so ordered. Senator
Wentworth withdrew his motion on the adoption of the amendment,
there was no objection. 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 clerk called roll. There was a quorum present.
Senator Averitt moved adoption of the minutes from the previous
hearing held on May 12, 2005; without objection, it was so
ordered.
The chair laid out HB 2795 and recognized the Senate sponsor,
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 Wentworth 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 withdrew his motion on the adoption of the amendment,
there was no objection. There were no witnesses on the bill.
The bill was left pending.
The chair laid out HB 3570 and recognized the Senate sponsor,
Senator Hinojosa, to explain the bill. There were no witnesses
on the bill. Senator Hinojosa moved that HB 3570 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 3547 and recognized the Senate sponsor,
Senator Deuell, to explain the bill. Senator Wentworth sent up
a committee substitute; the chair recognized Senator Deuell to
explain 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.
There were no witnesses on the bill. Senator Hinojosa moved
that HB 3547 do not pass but that CSHB 3547 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 934 and recognized the Senate sponsor,
Senator Hinojosa, 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. Senator Wentworth 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 Hinojosa
moved that HB 934 do not pass but that CSHB 934 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 1186 and recognized the Senate sponsor,
Senator West, 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 West moved that HB 1186
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.
The chair laid out HB 401 and recognized the Senate sponsor,
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 Wentworth 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 Averitt
moved that HB 401 do not pass but that CSHB 401 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 HB 75 and recognized Senator Averitt, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses on the bill. Senator Averitt moved that HB 75 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 2414 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses on the bill. Senator Averitt moved that HB
2414 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 1934 and recognized the Senate sponsor,
Senator Gallegos, Jr., 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 Gallegos, Jr.
moved that HB 1934 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 HCR 88 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. Senator Averitt moved
that HCR 88 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.
At 3:35 p.m. Senator Gallegos, Jr. assumed the chair.
The chair laid out HB 1181 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
1181 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 2408 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. There were no witnesses
on the bill. Senator Wentworth moved that HB 2408 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 3434 and recognized the Senate sponsor,
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 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 Wentworth moved that HB 3434 do not pass but that CSHB
3434 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 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 3519 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
3519 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 3:47 p.m. Senator Wentworth resumed the chair.
The chair announced the motion in writing by Senator Gallegos.
Senator Gallegos was shown voting aye on the following bills:
HB 934, HB 3547 and HB 3570.
There being no further business, at 3:58 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
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Stephanie Hoover, Clerk