The House Committee on Judiciary & Civil Jurisprudence
81st Legislature
April 22, 2009
upon final adjourn./recess
JHR 140
Pursuant to a notice posted on April 17, 2009, and revised on April 17, 2009, the House Committee on Judiciary & Civil Jurisprudence met in a public hearing and was called to order by the chair, Representative Hunter, at 3:27 p.m.
The roll was answered as follows:
Present: Representatives Hunter; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (6).
Absent: Representatives Hughes; Alonzo; Branch; Madden; Woolley (5).
A quorum was present.
(Representative Hughes now present.)
HB 1350, SB 490
The chair laid out HB1350, SB490.
The chair recognized Representative Vaught to explain the measures.
Testimony taken/registration recorded on HB 1350. (See attached witness list.)
The chair recognized Representative Vaught to close on the measures.
The bills were left pending without objection.
The chair directed that the March 30, 2009, minutes for the House Committee on Judiciary & Civil Jurisprudence be corrected. The corrected minutes were authorized without objection.
HB 4760
The chair laid out HB 4760.
The chair recognized Representative Gonzales to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Gonzales to close on the measure.
The bill was left pending without objection.
HB 4750
The chair laid out HB 4750.
Representative Lewis offered a complete committee substitute.
The chair recognized Representative Geren to explain and close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 3915
The chair laid out HB 3915.
The chair recognized Representative Fletcher to explain the measure.
Representative Jackson, Jim offered a complete committee substitute.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Fletcher to close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 3091
The chair laid out HB 3091.
Representative Hughes offered a complete committee substitute.
The chair recognized Representative Veasey to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Veasey to close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 3488
The chair laid out HB 3488.
Representative Hughes offered a complete committee substitute.
The chair recognized Representative Veasey to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Veasey to close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 3913
The chair laid out HB 3913.
The chair recognized Representative Raymond to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Raymond to close on the measure.
The bill was left pending without objection.
(Representative Branch now present.)
(Representative Alonzo now present.)
HB 4097
The chair laid out HB 4097 as pending business.
Representative Lewis offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Lewis moved that HB 4097, 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; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 480
The chair laid out HB 480 as pending business.
Representative Hughes offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Hughes moved that HB 480, 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 (7).
Nays: Representatives Alonzo; Martinez, "Mando" (2).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 3350
The chair laid out HB 3350 as pending business.
Representative Branch offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Branch moved that HB 3350, 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; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 4292
The chair laid out HB 4292 as pending business.
Representative Leibowitz moved that HB 4292, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 1461
The chair laid out HB 1461 as pending business.
Representative Hughes offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Hughes moved that HB 1461, 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; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 1201
The chair laid out HB 1201 as pending business.
Representative Martinez, "Mando" offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Leibowitz moved that HB 1201, 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; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 1046
The chair laid out HB 1046 as pending business.
Representative Leibowitz moved that HB 1046, 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; Leibowitz; Lewis; Martinez, "Mando" (6).
Nays: Representatives Alonzo; Hartnett (2).
Present, Not Voting: None (0).
Absent: Representatives Branch; Madden; Woolley (3).
HB 1679
The chair laid out HB 1679 as pending business.
Representative Lewis moved that HB 1679, 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; Alonzo; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Branch; Madden; Woolley (3).
HB 3666
The chair laid out HB 3666 as pending business.
Representative Leibowitz moved that HB 3666, 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; Hughes; Alonzo; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Branch; Madden; Woolley (3).
(Representative Branch now present.)
HB 4227
The chair laid out HB 4227 as pending business.
Representative Martinez, "Mando" moved that HB 4227, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 480
Representative Hughes moved to reconsider the vote by which the measure was reported from committee. The motion to reconsider prevailed without objection.
Representative Hughes moved that HB 480, 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 (6).
Nays: Representatives Alonzo; Lewis; Martinez, "Mando" (3).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 912
The chair laid out HB 912 as pending business.
Representative Lewis moved that HB 912, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 3767
The chair laid out HB 3767 as pending business.
Representative Hughes moved that HB 3767, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 2984
The chair laid out HB 2984 as pending business.
Representative Branch moved that HB 2984, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 1569
The chair laid out HB 1569 as pending business.
Representative Leibowitz moved that HB 1569, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 1083
The chair laid out HB 1083 as pending business.
Representative Hughes moved that HB 1083, 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; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 1925
The chair laid out HB 1925 as pending business.
Representative Lewis moved that HB 1925, 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; Hughes; Alonzo; Branch; Hartnett; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 3635
The chair laid out HB 3635 as pending business.
Representative Martinez, "Mando" offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Hartnett moved that HB 3635, 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; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Madden; Woolley (2).
HB 3876
The chair laid out HB 3876.
Representative Hughes offered a complete committee substitute.
The chair recognized Representative Phillips to explain and close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 924
The chair laid out HB 924.
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 818
The chair laid out HB 818 as pending business.
Representative Martinez, "Mando" offered a complete committee substitute.
The committee substitute was adopted without objection.
The chair recognized Representative Hughes to explain the measure.
Representative Jackson, Jim moved that HB 818, 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; Jackson, Jim; Leibowitz; Lewis; Martinez, "Mando" (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Alonzo; Branch; Hartnett; Madden; Woolley (5).
HB 927
The chair laid out HB 927.
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 932
The chair laid out HB 932.
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.
(Representative Woolley now present.)
HB 1665
The chair laid out HB 1665.
The chair recognized Representative King, Phil to explain and close on the measure.
The bill was left pending without objection.
HB 1968
The chair laid out HB 1968.
The chair recognized Representative Hartnett to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hartnett to close on the measure.
The bill was left pending without objection.
HB 2367
The chair laid out HB 2367.
The chair recognized Representative Hartnett to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hartnett to close on the measure.
The bill was left pending without objection.
HB 2585
The chair laid out HB 2585.
The chair recognized Representative Hartnett to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hartnett to close on the measure.
The bill was left pending without objection.
HB 3085
The chair laid out HB 3085.
Representative Woolley offered a complete committee substitute.
The chair recognized Representative Hartnett to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hartnett to close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 3086
The chair laid out HB 3086.
Representative Jackson, Jim offered a complete committee substitute.
The chair recognized Representative Hartnett to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hartnett to close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 4440
The chair laid out HB 4440.
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 2008, SB 1516
The chair laid out HB2008, SB1516.
The chair explained the measures.
Testimony taken/registration recorded on HB 2008. (See attached witness list.)
The chair closed on the measure.
The bill was left pending without objection.
HB 1984
The chair laid out HB 1984.
The chair recognized Representative Hughes to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hughes to close on the measure.
The bill was left pending without objection.
HB 2719
The chair laid out HB 2719.
The chair recognized Representative Howard, Donna to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Howard, Donna to close on the measure.
The bill was left pending without objection.
HB 397
The chair laid out HB 397.
Representative Hughes offered a complete committee substitute.
The chair recognized Representative Hartnett to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
The chair recognized Representative Hartnett to close on the measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 1069
The chair laid out HB 1069.
The chair recognized Representative Flynn to explain the measure.
Testimony taken/registration recorded. (See attached witness list.)
(Representative Hughes in chair.)
The chair recognized Representative Flynn to close on the measure.
The bill was left pending without objection.
HB 1044, HB 2758, HB 3745
No action taken on these measures.
At 8:00 p.m., on the motion of Representative Hughes and without objection, the meeting was adjourned subject to the call of the chair.
________________________
Rep. Hunter, Chair
________________________
Jennifer Welch, Clerk