MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                                Friday, May 20, 2005 
                           11:00 a.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 Friday, May 20, 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 9:55 p.m.  The  
         following business was transacted:   
          
         At 9:55 p.m. Senator Harris assumed the chair.   
          
         The chair laid out HB 1238 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 1238 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 1472 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.  There were no witnesses  
         on the bill.  Upon arrival of a quorum, Senator Wentworth moved  
         that HB 1472 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 3515 and recognized the Senate sponsor,  
  
         Senator Wentworth, to explain the bill.  There were no witnesses  
         on the bill.  Upon arrival of a quorum, Senator Wentworth moved  
         that HB 3515 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 2668 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.  There were no witnesses  
         on the bill.  Upon arrival of a quorum, Senator Wentworth moved  
         that HB 2668 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 10:02 p.m. Senator Wentworth resumed the chair.   
          
         The chair laid out HB 3531 and recognized the Senate sponsor,  
         Senator Harris, 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 3531 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 HCR 153 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.  Upon arrival of a quorum, Senator  
         West moved that HCR 153 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 440 and recognized Senator Harris, 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 440 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.   
          
         The chair laid out HB 1999 and recognized Senator Harris, 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 1999 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 3441 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 3441 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 383 and recognized the Senate sponsor,  
         Senator Hinojosa, to explain the bill.  There were no witnesses  
         on the bill.  Upon arrival of a quorum, Senator Hinojosa moved  
         that HB 383 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 1404 and recognized the Senate sponsor,  
         Senator Hinojosa, to explain the bill.  There were no witnesses  
         on the bill.  Upon arrival of a quorum, Senator Hinojosa moved  
         that HB 1404 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 260 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 Hinojosa moved that HB 260 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.   
          
         The chair laid out HB 209 and recognized Senator Harris, 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 209 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.   
          
         The chair laid out HB 3098 and recognized Senator Harris, 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 3098 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 3542 and recognized Senator Harris, 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 3542 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 3015 and recognized Senator Hinojosa, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         were no witnesses on the bill.  The bill was left pending. 
          
         The chair laid out HB 3045 and recognized Senator Hinojosa, 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 3045 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 371 and recognized Senator Hinojosa, 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 371 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 laid out HB 3557 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  There were no witnesses on  
         the bill.  Upon arrival of a quorum, Senator Harris moved that  
         HB 3557 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 10:32 p.m. the chair announced the committee would stand at  
         ease to await the arrival of a quorum. 
          
         At 10:36 p.m. the committee reconvened. 
          
         The clerk called roll. 
          
         Senator Wentworth moved adoption of the minutes from the  
         previous hearings held on May 18, 2005, and May 19, 2005;  
         without objection, it was so ordered.   
          
         The chair laid out HB 2795.  Senator Harris moved that HB 2795  
         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.        
          
         The chair announced the motions in writing by Senator Gallegos. 
          
         Senator Gallegos was shown voting aye on the following bills:   
         HB 209, HB 260, HB 440, HB 1238, HB 1472, HB 1999, HB 2668, HB  
         3045, HB 3098, HB 3441. 
          
         There was no action taken on the following bills:  HB 1905 and  
         HB 2531. 
          
         Senator Wentworth suspended the 24 hour posting rules to hear HB  
         383, HB  1404, HB 3531, HB 3557.   
          
         There being no further business, at 10:54 p.m. Senator Wentworth  
         moved that the Committee be adjourned. Without objection, it was  
         so ordered.   
          
         _____________________________ 
         Senator Jeff Wentworth, Chair 
          
         _____________________________ 
         Stephanie Hoover, Clerk