MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, April 4, 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, April 4, 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 Robert Duncan

Senator Chris Harris

Senator Kirk Watson

 

Senator Mario Gallegos, Jr.

 

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The chair called the meeting to order at 1:47 p.m.  The following business was transacted: 

 

The chair laid out SB 705 and recognized the author, 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. 

 

Upon arrival of a quorum, Senator Watson moved that SB 705 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 706 and recognized the author, 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. 

 

Upon arrival of a quorum, Senator Hinojosa moved that SB 706 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 1072 and recognized the author, Senator Janek, 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 sent up a committee substitute; the chair recognized Senator Janek 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 Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Hinojosa moved that SB 1072 do not pass but that CSSB 1072 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 SB 1744 and recognized the author, Senator Eltife, 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 1744 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. 

 

At 2:03 p.m. Senator Duncan assumed the chair. 

 

The chair laid out SB 1297 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. 

 

Upon arrival of a quorum, Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1297 do not pass but that CSSB 1297 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 SB 1305 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 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 2:56 p.m. Senator Wentworth resumed the chair. 

 

The clerk called roll.  There was a quorum present.

 

Senator Duncan moved adoption of the minutes from the previous hearing held on March 28, 2007; without objection, it was so ordered. 

 

At 2:57 p.m. Senator Duncan assumed the chair. 

 

The chair laid out SB 1311 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. 

 

The bill was left pending.

 

The chair laid out SB 1309 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 Wentworth requested unanimous consent to incorporate Committee 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 1309 do not pass but that CSSB 1309 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 3:57 p.m. Senator Wentworth resumed the chair. 

 

At 3:57 p.m. Senator Wentworth moved that the committee stand recessed; without objection, it was so ordered. 

 

At 4:14 p.m. the committee reconvened. 

 

The chair laid out SB 1290 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 1624 and recognized the author, Senator Watson, 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 1624 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 1623 and recognized the author, Senator Watson, 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 1623 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 1799 and recognized the author, Senator Watson, 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.

 

At 4:45 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1519 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. 

 

Upon arrival of a quorum, Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1519 do not pass but that CSSB 1519 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 4:56 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 1412 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 Hinojosa moved that SB 1412 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 1413 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 Hinojosa moved that SB 1413 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 1416 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 Hinojosa moved that SB 1416 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 1555 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. 

 

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 SB 1555 do not pass but that CSSB 1555 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. 

 

Senator Wentworth sent up Committee Amendment 1 to SB 1311 and moved adoption; without objection, the amendment was adopted. 

 

Senator Harris asked to be shown voting aye on the following bills:  SB 705, SB 706, SB 1072, SB 1297, SB 1309, SB 1412, SB 1413, SB 1416, SB 1519, SB 1555, SB 1623, SB 1624 and SB 1744.

 

There was no action taken on the following bills:  SB 1103, SB 1518 and SB 1556.   

 

There being no further business, at 5:32 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