MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, May 9, 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, May 9, 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 Mario Gallegos, Jr.

Senator Kirk Watson

 

Senator Chris Harris

 

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The chair called the meeting to order at 3:41 p.m.  The following business was transacted: 

 

The chair laid out SCR 65 and recognized the author, Senator Jackson, 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 65 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 2272 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Van de Putte  to explain the difference between the committee substitute and the house bill as engrossed. 

 

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 HB 2272 do not pass but that CSHB 2272 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 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 1346 and recognized the Senate sponsor, Senator Deuell, 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 1346 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 342 and recognized the Senate sponsor, 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 HB 342 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 HB 1709 and recognized the Senate sponsor, 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 HB 1709 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 HB 764 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 Watson moved that HB 764 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 HB 1204 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 Hinojosa moved that HB 1204 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 3505 and recognized the Senate sponsor, 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 house bill as engrossed. 

 

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 that HB 3505 do not pass but that CSHB 3505 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 clerk called roll.  There was a quorum present.

 

Senator Watson moved adoption of the minutes from the previous hearing held on May 2, 2007; without objection, it was so ordered. 

 

At 4:15 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1300 and recognized the author, Senator Wentworth, to explain the bill.  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 to reconsider the vote on Committee Amendment 1; without objection, it was so ordered.  Committee Amendment 1 was withdrawn.

 

Senator Carona sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator Carona requested unanimous consent to incorporate Committee Amendment 2 into the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved to reconsider the vote on Committee Amendment 2; without objection, it was so ordered.  Committee Amendment 2 was withdrawn.

 

Senator Carona moved to reconsider the vote on Committee Amendment 2 that was rolled into the committee substitute; without objection, it was so ordered. 

 

Senator Wentworth sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. 

 

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

 

Senator Wentworth requested unanimous consent to roll Committee Amendment 3 into a committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the committee substitute be adopted; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1300 do not pass but that CSSB 1300 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, 1 nay, 0 present not voting, and 2 absent.  

 

At 4:28 p.m. Senator Wentworth resumed the chair. 

 

At 4:28 p.m. Senator Wentworth moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered.     

 

At 6:07 p.m. the committee reconvened. 

 

The chair laid out HB 95 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 95 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 167 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 167 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 587 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. 

 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the house bill as engrossed. 

 

Senator Hinojosa withdrew the committee substitute.

 

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 587 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 2766 and recognized Senator Watson, 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. 

 

Senator Hinojosa moved that HB 2766 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 1972 and recognized the Senate sponsor, Senator Duncan, 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 HB 1972 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1331 and recognized Senator Watson, 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. 

 

The bill was left pending.

 

The chair laid out HB 762 and recognized Senator Watson, 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. 

 

The bill was left pending.

 

At 6:52 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out HB 75 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. 

 

The bill was left pending.

 

The chair laid out HB 1086 and recognized the Senate sponsor, 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 house bill as engrossed. 

 

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 HB 2359 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. 

 

The bill was left pending.

 

The chair laid out HB 3199 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

There were no witnesses on the bill.

 

The bill was left pending.

 

The chair laid out SB 2057 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. 

 

The bill was left pending.

 

At 7:07 p.m. Senator Wentworth resumed the chair. 

 

Senator Duncan asked unanimous consent to be shown voting nay on SB 1300.  There was no objection. 

 

There was no action taken on the following bills:  SB 1367, SB 2024 and HB 660 

 

There being no further business, at 7:07 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

 

 

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Stephanie Hoover, Clerk