MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, March 14, 2007

1:30 p.m. or upon adjournment

Capitol Extension, Room E1.012

 

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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 14, 2007, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Jeff Wentworth

Senator Juan Hinojosa

Senator John Carona

Senator Chris Harris

Senator Kirk Watson

 

Senator Robert Duncan

Senator Mario Gallegos, Jr.

 

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The chair called the meeting to order at 2:04 p.m.  The following business was transacted: 

 

The chair laid out SB 430 and recognized Senator Watson, 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 Watson moved that SB 430 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 432 and recognized Senator Watson, 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 Watson moved that SB 432 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 2:05 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 565 and recognized the author, Senator Wentworth, to explain the bill. 

 

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 Wentworth moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Carona moved that SB 565, as amended, 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. 

 

The chair laid out SB 593 and recognized the author, Senator Wentworth, to explain the bill. 

 

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 Wentworth moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Carona moved that SB 593, as amended, 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. 

 

At 2:15 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 560 and recognized the author, Senator Ellis, 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 Watson moved that SB 560 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 699 and recognized Senator Watson, in the absence of the author, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the senate 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 Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 699 do not pass but that CSSB 699 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 2:32 p.m. Senator Watson assumed the chair. 

 

Senator Wentworth moved to reopen testimony on SB 593; without objection, it was so ordered. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

At 2:35 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 600 and recognized Senator Watson, in the absence of the author, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the senate bill as filed. 

 

Senator Watson 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 Watson moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Watson moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Watson requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Watson then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Watson moved that SB 600 do not pass but that CSSB 600 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 2:45 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 618 and recognized the author, Senator Wentworth, to explain the bill. 

 

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 Wentworth moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Carona moved that SB 618, as amended, 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 2:52 p.m. Senator Wentworth resumed the chair. 

 

The clerk called roll.  There was a quorum present.

 

Senator Hinojosa moved adoption of the minutes from the previous hearing held on March 7, 2007; without objection, it was so ordered. 

 

At 2:56 p.m. Senator Hinojosa assumed the chair. 

 

At 3:02 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 231 and recognized Senator Watson, in the absence of the author, to explain the bill.  SB 231 was a pending bill.

 

Senator Watson sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the senate bill as filed.  Senator Watson moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Watson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.        

 

Senator Wentworth moved to reopen testimony on SB 231; 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 Watson requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered. 

 

Senator Watson moved to reconsider the vote; without objection, it was so ordered.

 

Senator Watson moved adoption of Committee Amendment 1 with a technical change; without objection, the amendment was adopted. 

 

Senator Watson requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Watson then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Watson moved that SB 231 do not pass but that CSSB 231 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 Watson then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Watson moved that SB 231 do not pass but that CSSB 231 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Carona moved to reconsider the vote for SB 699; without objection, it was so ordered.

 

Senator Carona moved adoption of the committee substitute with a technical correction; without objection, it was so ordered. 

 

Senator Carona moved that SB 231 do not pass but that CSSB 231 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Harris was shown voting aye on the following bills: SB 231, SB 430, SB 432, SB 560, SB 565, SB 593, SB 600, SB 618 and SB 699.

 

There was no action taken for the following bills:  SB 617 and SB 660.

 

There being no further business, at 3:14 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