MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, March 28, 2007

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, March 28, 2007, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Jeff Wentworth

Senator Juan Hinojosa

Senator John Carona

Senator Robert Duncan

Senator Chris Harris

Senator Kirk Watson

 

Senator Mario Gallegos, Jr.

 

*****

 

The chair called the meeting to order at 1:35 p.m.  The following business was transacted: 

 

The chair laid out SB 804 and recognized the author, Senator Uresti, 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 SB 804 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 SB 1164 and recognized the author, 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.

 

The bill was left pending.

 

The chair laid out SB 221 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

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

 

The clerk called roll.  There was a quorum present.

 

Senator Duncan moved adoption of the minutes from the previous hearing held on March 21, 2007; without objection, it was so ordered.  

 

Witnesses testifying and registering on SB 221 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 928 and recognized the author, Senator Nichols, 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 Duncan moved that SB 928 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 966 and recognized the author, Senator Ellis, to explain the bill. 

 

Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan 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.  

 

The bill was left pending.

 

At 4:52 p.m. Senator Duncan assumed the chair. 

 

At 4:55 p.m. Senator Wentworth resumed the chair.  

 

The chair laid out SB 583 and recognized the author, Senator Patrick, 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 942 and recognized the author, Senator Carona, 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 844 and recognized the author, 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. 

 

Senator Hinojosa moved that SB 844 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 6 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. 

 

At 6:16 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 820 and recognized the author, Senator Wentworth, to explain the bill. 

 

Senator Wentworth moved that SB 820 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, 1 nay, 0 present not voting, and 1 absent. 

 

Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 6:20 p.m. Senator Wentworth assumed the chair. 

 

The chair laid out SB 1182 and recognized Senator Carona, in the absence of the author, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Carona 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 Watson sent up Committee Amendment 1 and moved adoption.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Watson requested unanimous consent to incorporate 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 1182 do not pass but that CSSB 1182 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 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 1048 and recognized the author, Senator Watson, 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.  Senator Watson 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 Watson moved that SB 1048 do not pass but that CSSB 1048 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. 

 

The chair laid out SB 232 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.  Senator Watson 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. 

 

The bill was left pending.

 

At 6:56 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 617 and recognized the author, 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 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. 

 

The bill was left pending.

 

The chair laid out SB 660 and recognized the author, Senator Wentworth, to explain the bill. 

 

Senator Duncan sent up Committee Amendment 1 and moved adoption.  The motion passed by a record vote of 3 ayes, 2 nays, 0 present not voting, and 2 absent. 

 

Senator Duncan requested unanimous consent to incorporate 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 SB 660 do not pass but that CSSB 660 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out SB 819 and recognized the author, 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 SB 819 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 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 SB 821 and recognized the author, 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 SB 821 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 SB 1024 and recognized the author, 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 senate 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 SB 1024 do not pass but that CSSB 1024 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 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 SB 1300 and recognized the author, Senator Wentworth, to explain the bill. 

 

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

 

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.

 

At 8:14 p.m. Senator Wentworth resumed the chair. 

 

There being no further business, at 8:17 p.m. Senator Hinojosa 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