The House Committee on Judiciary & Civil Jurisprudence

81st Legislature

April 15, 2009

upon final adjourn./recess

E1.030

 

Pursuant to a notice posted on April 9, 2009, the House Committee on Judiciary & Civil Jurisprudence met in a public hearing and was called to order by the chair, Representative Hunter, at 1:33 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Absent:              Representatives Hughes; Jackson, Jim; Leibowitz; Madden (4).

 

A quorum was present.

 

HB 4718

 

The chair laid out HB 4718 as pending business.

 

Representative Branch moved that HB 4718, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 4127

 

The chair laid out HB 4127 as pending business.

 

Representative Martinez, "Mando" offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Woolley offered an amendment to the committee substitute.

 

The amendment was adopted without objection.

 

The chair directed the staff to incorporate the amendments into a committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Lewis moved that HB 4127, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 4126

 

The chair laid out HB 4126 as pending business.

 

Representative Alonzo offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Lewis moved that HB 4126, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 3723

 

The chair laid out HB 3723 as pending business.

 

Representative Alonzo offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Lewis moved that HB 3723, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 2724

 

The chair laid out HB 2724 as pending business.

 

Representative Alonzo moved that HB 2724, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 1765

 

The chair laid out HB 1765 as pending business.

 

Representative Branch moved that HB 1765, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 966

 

The chair laid out HB 966 as pending business.

 

Representative Lewis moved that HB 966, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 967

 

The chair laid out HB 967 as pending business.

 

Representative Branch moved that HB 967, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 1926

 

The chair laid out HB 1926 as pending business.

 

Representative Branch moved that HB 1926, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 144

 

The chair laid out HB 144 as pending business.

 

Representative Martinez, "Mando" moved that HB 144, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden  (4).

 

HB 990

 

The chair laid out HB 990 as pending business.

 

Representative Branch moved that HB 990, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando" (6).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Madden; Woolley  (5).

 

(Representative Hughes now present.)

HB 4657

 

The chair laid out HB 4657 as pending business.

 

Representative Martinez, "Mando" offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Alonzo moved that HB 4657, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Alonzo; Branch; Hartnett; Lewis; Martinez, "Mando" (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Jackson, Jim; Leibowitz; Madden; Woolley  (4).

 

(Representative Woolley now present.)

 

HB 3468

 

The chair laid out HB 3468 as pending business.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hughes moved that HB 3468, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Branch; Hartnett; Lewis; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Jackson, Jim; Leibowitz; Madden  (4).

 

(Representative Jackson, Jim now present.)

 

 

HB 3314

 

The chair laid out HB 3314 as pending business.

 

Representative Jackson, Jim moved that HB 3314, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Jackson, Jim; Lewis; Martinez, "Mando"; Woolley (6).

 

Nays:                             Representatives Branch; Hartnett (2).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Leibowitz; Madden  (3).

 

HB 3315

 

The chair laid out HB 3315 as pending business.

 

Representative Hughes moved that HB 3315, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Branch; Hartnett; Jackson, Jim; Lewis; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Leibowitz; Madden  (3).

 

HB 1460

 

The chair laid out HB 1460 as pending business.

 

Representative Hartnett offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Lewis moved that HB 1460, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Branch; Hartnett; Jackson, Jim; Lewis; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Leibowitz; Madden  (3).

 

(Representative Leibowitz now present.)

 

HB 1608

 

The chair laid out HB 1608 as pending business.

 

Representative Hartnett offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Leibowitz moved that HB 1608, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando"; Woolley (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Madden  (2).

 

HB 428

 

The chair laid out HB 428 as pending business.

 

Representative Jackson, Jim offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Branch moved that HB 428, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Madden; Woolley  (3).

 

HB 2202

 

The chair laid out HB 2202 as pending business.

 

Representative Hughes moved that HB 2202, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Hughes; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Alonzo; Madden; Woolley  (3).

 

HB 588

 

The chair laid out HB 588.

 

The chair recognized Representative Naishtat to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Naishtat to close on the measure.

 

The bill was left pending without objection.

 

HB 119

 

The chair laid out HB 119.

 

The chair recognized Representative Heflin to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Heflin to close on the measure.

 

The bill was left pending without objection.

 

HB 4445

 

The chair laid out HB 4445.

 

The chair recognized Representative Alvarado to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Alvarado to close on the measure.

 

The bill was left pending without objection.

 

HB 3708

 

The chair laid out HB 3708.

 

Representative Jackson, Jim offered a complete committee substitute.

 

The chair recognized Representative Oliveira to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Oliveira to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2494

 

The chair laid out HB 2494.

 

The chair recognized Representative Dunnam to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Dunnam to close on the measure.

 

The bill was left pending without objection.

 

HB 2702

 

The chair laid out HB 2702.

 

The chair recognized Representative Dunnam to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Dunnam to close on the measure.

 

The bill was left pending without objection.

 

HB 2090

 

The chair laid out HB 2090.

 

The chair recognized Representative Darby to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Darby to close on the measure.

 

The bill was left pending without objection.

 

HB 1925

 

The chair laid out HB 1925.

 

The chair recognized Representative Gutierrez to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gutierrez to close on the measure.

 

The bill was left pending without objection.

 

HB 4288

 

The chair laid out HB 4288.

 

Representative Lewis offered a complete committee substitute.

 

The chair recognized Representative Shelton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Shelton to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2646

 

The chair laid out HB 2646.

 

The chair recognized Representative Kent to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Kent to close on the measure.

 

The bill was left pending without objection.

 

HB 1319

 

The chair laid out HB 1319.

 

The chair recognized Representative Pierson to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Pierson to close on the measure.

 

The bill was left pending without objection.

 

HB 3767

 

The chair laid out HB 3767.

 

The chair recognized Representative Paxton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Paxton to close on the measure.

 

The bill was left pending without objection.

 

HB 3768

 

The chair laid out HB 3768.

 

Representative Lewis offered a complete committee substitute.

 

The chair recognized Representative Paxton to explain and close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 3985

 

The chair laid out HB 3985.

 

The chair recognized Representative Farrar to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Farrar to close on the measure.

 

The bill was left pending without objection.

 

HB 2260

 

The chair laid out HB 2260.

 

Representative Hartnett offered a complete committee substitute.

 

The chair recognized Representative Truitt to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Truitt to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Hartnett in chair.)

 

HB 910

 

The chair laid out HB 910.

 

The chair recognized Representative Dutton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Dutton to close on the measure.

 

The bill was left pending without objection.

HB 912

 

The chair laid out HB 912.

 

The chair recognized Representative Dutton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Dutton to close on the measure.

 

The bill was left pending without objection.

 

HB 914

 

The chair laid out HB 914.

 

The chair recognized Representative Dutton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Dutton to close on the measure.

 

The bill was left pending without objection.

 

HB 2517

 

The chair laid out HB 2517.

 

Representative Hartnett offered a complete committee substitute.

 

The chair recognized Representative Turner, Sylvester to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Turner, Sylvester to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Hunter in chair.)

 

HB 4424

 

The chair laid out HB 4424.

 

Representative Martinez, "Mando" offered a complete committee substitute.

 

The chair recognized Representative Hernandez to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hernandez to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 1962

 

The chair laid out HB 1962.

 

Representative Hughes offered a complete committee substitute.

 

The chair recognized Representative Legler to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Legler to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2787

 

The chair laid out HB 2787.

 

Representative Jackson, Jim offered a complete committee substitute.

 

The chair recognized Representative Coleman to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Coleman to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 1898

 

The chair laid out HB 1898.

 

Representative Hughes offered a complete committee substitute.

 

The chair recognized Representative Shelton to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Shelton to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2696

 

The chair laid out HB 2696.

 

The chair recognized Representative Gattis to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gattis to close on the measure.

 

The bill was left pending without objection.

 

HB 42

 

The chair laid out HB 42.

 

The chair explained the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair closed on the measure.

 

The bill was left pending without objection.

 

HB 3996

 

The chair laid out HB 3996.

 

Representative Hughes offered a complete committee substitute.

 

The chair explained the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair closed on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 3915

 

No action taken on this measure.

 

At 9:02 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Hunter, Chair

 

 

________________________

Jennifer Welch, Clerk