MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Friday, May 18, 2007

1:30 p.m. or upon adjournment

Capitol Extension, Room E1.016

 

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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 Friday, May 18, 2007, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Jeff Wentworth Senator Juan Hinojosa Senator Chris Harris Senator Kirk Watson		Senator John Carona Senator Robert Duncan Senator Mario Gallegos, Jr.

 

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The chair called the meeting to order at 4:07 p.m.  The following business was transacted: 

 

The chair laid out HB 4139 and recognized the Senate sponsor, Senator Deuell, to explain the bill. 

 

Senator Hinojosa sent up Committee Amendment 1.

 

There were no witnesses on the bill.

 

 Upon arrival of a quorum, Senator Hinojosa moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Hinojosa moved that HB 4139, 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 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 319 and recognized the Senate sponsor, Senator Seliger, 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 319 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 3549 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Hinojosa moved that HB 3549 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 2502 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Hinojosa moved that HB 2502 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 1960 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. 

 

There were no witnesses on the bill.

 

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

 

Senator Hinojosa moved that HB 1960 do not pass but that CSHB 1960 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 clerk called roll.  There was a quorum present.

 

Senator Hinojosa moved adoption of the minutes from the previous hearing held on May 16, 2007; without objection, it was so ordered. 

 

The chair laid out HB 448 and recognized the Senate sponsor, 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. 

 

Senator Harris moved that HB 448 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 555 and recognized the Senate sponsor, 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. 

 

Senator Harris moved that HB 555 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 568 and recognized the Senate sponsor, Senator Harris, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Harris moved that HB 568 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2207 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. 

 

Senator Watson moved that HB 2207 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 2501 and recognized the Senate sponsor, Senator Watson, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Watson moved that HB 2501 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 2940 and recognized the Senate sponsor, 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. 

 

Senator Harris moved that HB 2940 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 778 and recognized the Senate sponsor, Senator Harris, to explain the bill. 

 

There were no witnesses on the bill.

 

The bill was left pending.

 

At 4:40 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out HB 3578 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. 

 

At 5:00 p.m. Senator Wentworth resumed the chair. 

 

At 5:00 p.m. Senator Wentworth moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered.  

 

Senator Wentworth suspended the rules during session so that the Senate Jurisprudence Committee could meet while the Senate was in session in the Betty King room.  There was no objection.  Senator Wentworth also suspended the rules to add HB 3197 to the list of bills to be heard.

 

At 6:13 p.m. the committee reconvened. 

 

The chair laid out HB 2201 and recognized Senator Hinojosa, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses on the bill.

 

The bill was left pending.

 

The chair laid out HB 2949 and recognized Senator Hinojosa, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Hinojosa moved that HB 2949 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 3972 and recognized Senator Hinojosa, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Hinojosa moved that HB 3972 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 1993 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 Watson moved that HB 1993 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 2068 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 779 and recognized Senator Hinojosa, in the absence of the Senate sponsor, 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. 

 

Senator Hinojosa moved that HB 779, 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 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 781 and recognized Senator Hinojosa, 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 773 and recognized the Senate sponsor, Senator Harris, to explain the bill.  

 

There were no witnesses on the bill.

 

The bill was left pending.

 

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

 

The chair laid out HB 670 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. 

 

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

 

Senator Wentworth moved that HB 670 do not pass but that CSHB 670 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2770 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. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 2770 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3197 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Wentworth moved that HB 3197 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 7:04 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out HB 1646 and recognized the Senate sponsor, Senator Harris, 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 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 Hinojosa moved that HB 1646 do not pass but that CSHB 1646 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 1331.  This was a pending 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.

 

There was no action taken on HB 1488 and HB 2078.

 

There being no further business, at 7:33 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