MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, April 11, 2007

1:30 p.m.

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 11, 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 1:49 p.m.  There being a quorum present, the following business was transacted:

 

The clerk called roll. 

 

Senator Harris moved adoption of the minutes from the previous hearing held on April 4, 2007; without objection, it was so ordered. 

 

The chair laid out SB 966.  This was a pending bill.

 

Senator Watson sent up a committee substitute; Senator Wentworth explained the difference between the committee substitute and the senate bill as filed.  Senator Duncan 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 Duncan moved that SB 966 do not pass but that CSSB 966 be reported back 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 SB 1269 and recognized the author, Senator West, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona 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 Carona moved that SB 1269 do not pass but that CSSB 1269 be reported back 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1411 and recognized the author, Senator West, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona 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 1411 do not pass but that CSSB 1411 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 956 and recognized the author, 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 Harris moved that SB 956 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 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 999 and recognized the author, Senator Eltife, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Eltife 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. 

 

Upon arrival of a quorum, Senator Watson moved that SB 999 do not pass but that CSSB 999 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 1814 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Lucio, Jr. 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 Watson moved that SB 1814 do not pass but that CSSB 1814 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 1450 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. 

 

The bill was left pending.

 

The chair laid out SB 1781 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 1781 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. 

 

At 3:19 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1520 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 1634 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. 

 

Upon arrival of a quorum, Senator Wentworth moved that SB 1634 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 SCR 42 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. 

 

Upon arrival of a quorum, Senator Hinojosa moved that SCR 42 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 3:47 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 1476 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. 

 

At 3:50 p.m. Senator Watson assumed the chair. 

 

Testimony continued on SB 1476.

 

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 395 and recognized the author, 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 SB 395 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 397 and recognized the author, 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 SB 397 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out SB 431 and recognized the author, 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. 

 

The bill was left pending.

 

The chair laid out SB 1367 and recognized the author, 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. 

 

The bill was left pending.

 

The chair laid out SB 1812 and recognized the author, Senator Duncan, 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 4:45 p.m. Senator Duncan assumed the chair. 

 

The chair laid out SB 1782 and recognized Senator Watson, in the absence of the author, to explain the bill. 

 

Senator Watson sent up Committee Amendment 1.

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

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

 

Testimony continued on SB 1782.

 

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

 

The bill was left pending.

 

At 5:00 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1951 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.

 

At 5:10 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 1311.  This was a pending bill.

 

Senator Wentworth 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.  The amendment and the committee substitute were adopted at a previous hearing 

 

Senator Wentworth moved that SB 1311 do not pass but that CSSB 1311 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 449.  This was a pending bill.

 

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

 

Senator Hinojosa moved that SB 449 do not pass but that CSSB 449 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. 

 

At 5:33 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 617.  This was a pending 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. 

 

Senator Wentworth moved that SB 617 do not pass but that CSSB 617 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 5:35 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 665.  This was a pending bill.

 

Senator Hinojosa moved that SB 665 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 Carona asked to be shown voting with the chair.  There was no objection.

 

There was no action take on SB 793.

 

There being no further business, at 5:39 p.m. Senator Wentworth moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Jeff Wentworth, Chair

 

 

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Stephanie Hoover, Clerk