The House Committee on Judiciary & Civil Jurisprudence

81st Legislature

April 27, 2009

upon final adjourn./recess

E2.010

 

Pursuant to a notice posted on April 22, 2009, and revised on April 22, 2009, the House Committee on Judiciary & Civil Jurisprudence met in a public hearing and was called to order by the chair, Representative Hunter, at 6:35 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Hunter; Alonzo; Jackson, Jim; Leibowitz; Madden; Martinez, "Mando" (6).

 

Absent:              Representatives Hughes; Branch; Hartnett; Lewis; Woolley (5).

 

A quorum was present.

 

(Representative Hartnett now present.)

 

(Representative Branch now present.)

 

HB 4251

 

The chair laid out HB 4251.

 

The chair recognized Representative Farrar to explain the measure.

 

Representative Alonzo offered an amendment to the measure.

 

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

 

The chair recognized Representative Farrar to close on the measure.

 

The amendment was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 3892

 

The chair laid out HB 3892.

 

The chair recognized Representative Vaught to explain the measure.

 

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

 

The chair recognized Representative Vaught to close on the measure.

 

The bill was left pending without objection.

 

HB 514

 

The chair laid out HB 514.

 

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

 

The bill was left pending without objection.

 

HB3710, HB3711, HB4518, HB4685

 

The chair laid out HB3710, HB3711, HB4518, HB4685.

 

The chair recognized Representative Homer to explain the measures.

 

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

 

The chair recognized Representative Homer to close on the measures.

 

The bills were left pending without objection.

 

HB 3002

 

The chair laid out HB 3002.

 

The chair recognized Representative Homer to explain the measure.

 

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

 

The chair recognized Representative Homer to close on the measure.

 

The bill was left pending without objection.

 

HB 3919

 

The chair laid out HB 3919.

 

The chair recognized Representative Pena to explain the measure.

 

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

 

The chair recognized Representative Pena to close on the measure.

 

The bill was left pending without objection.

 

HB 4237

 

The chair laid out HB 4237.

 

The chair recognized Representative Pena to explain the measure.

 

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

 

(Representative Hughes now present.)

 

The chair recognized Representative Pena to close on the measure.

 

The bill was left pending without objection.

 

HB 2616

 

The chair laid out HB 2616.

 

Representative Leibowitz offered a complete committee substitute.

 

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 committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 585

 

The chair laid out HB 585.

 

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 587

 

The chair laid out HB 587.

 

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 889

 

The chair laid out HB 889.

 

Representative Hughes offered a complete committee substitute.

 

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 committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Hughes in chair.)

 

HB 2048, SB 1053

 

The chair laid out HB2048, SB1053.

 

The chair recognized Representative Naishtat to explain the measures.

 

Testimony taken/registration recorded on HB 2048.  (See attached witness list.)

 

The chair recognized Representative Naishtat to close on the measures.

 

The bills were left pending without objection.

 

HB 4549

 

The chair laid out HB 4549.

 

The chair recognized Representative Raymond to explain the measure.

 

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

 

(Representative Lewis now present.)

 

The chair recognized Representative Raymond to close on the measure.

 

The bill was left pending without objection.

 

(Representative Hunter in chair.)

 

HB 3018

 

The chair laid out HB 3018.

 

The chair recognized Representative Aycock to explain the measure.

 

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

 

The chair recognized Representative Aycock to close on the measure.

 

The bill was left pending without objection.

 

SB 657

 

The chair laid out SB 657.

 

The chair recognized Representative Aycock to explain the measure.

 

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

 

The chair recognized Representative Aycock to close on the measure.

 

The bill was left pending without objection.

 

HCR 161

 

The chair laid out HCR 161.

 

Representative Alonzo offered a complete committee substitute.

 

The chair recognized Representative Burnam to explain the measure.

 

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

 

The chair recognized Representative Burnam to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 3727

 

The chair laid out HB 3727.

 

The chair recognized Representative Burnam to explain the measure.

 

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

 

The chair recognized Representative Burnam to close on the measure.

 

The bill was left pending without objection.

 

HR 480

 

The chair laid out HR 480.

 

The chair recognized Representative Burnam to explain the measure.

 

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

 

The chair recognized Representative Burnam to close on the measure.

 

The bill was left pending without objection.

 

HB 3763

 

The chair laid out HB 3763.

 

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 2585

 

The chair laid out HB 2585 as pending business.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Leibowitz moved that HB 2585, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 3708

 

The chair laid out HB 3708 as pending business.

 

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

 

The committee substitute was adopted without objection.

 

Representative Hughes moved that HB 3708, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

SB 658

 

The chair laid out SB 658.

 

Representative Hughes moved that SB 658, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

SB 659

 

The chair laid out SB 659.

 

Representative Hughes moved that SB 659, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

SB 1259

 

The chair laid out SB 1259.

 

Representative Hughes moved that SB 1259, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

SB 408

 

The chair laid out SB 408.

 

Representative Hughes moved that SB 408, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 4167

 

The chair laid out HB 4167 as pending business.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Leibowitz moved that HB 4167, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 2472

 

The chair laid out HB 2472 as pending business.

 

Representative Leibowitz moved that HB 2472, 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; Jackson, Jim; Leibowitz; Lewis; Madden; Martinez, "Mando" (9).

 

Nays:                             Representative Hartnett (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 1940

 

The chair laid out HB 1940 as pending business.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Martinez, "Mando" moved that HB 1940, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 588

 

The chair laid out HB 588 as pending business.

 

Representative Lewis moved that HB 588, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 1984

 

The chair laid out HB 1984 as pending business.

 

Representative Jackson, Jim moved that HB 1984, 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; Jackson, Jim; Leibowitz; Lewis; Madden; Martinez, "Mando" (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hartnett; Woolley  (2).

 

(Representative Hartnett now present.)

 

SB 627

 

The chair laid out SB 627.

 

Representative Branch offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hughes moved that SB 627, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 3985

 

The chair laid out HB 3985 as pending business.

 

Representative Branch moved that HB 3985, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 3053

 

The chair laid out HB 3053 as pending business.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Madden moved that HB 3053, 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; Jackson, Jim; Leibowitz; Lewis; Madden; Martinez, "Mando" (9).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Hartnett  (1).

 

Absent:                          Representative Woolley  (1).

 

HB 2517

 

The chair laid out HB 2517 as pending business.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Martinez, "Mando" moved that HB 2517, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 3203

 

The chair laid out HB 3203 as pending business.

 

Representative Leibowitz moved that HB 3203, 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; Madden; Martinez, "Mando" (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Woolley  (1).

 

HB 2331

 

The chair laid out HB 2331 as pending business.

 

Representative Leibowitz offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hughes moved that HB 2331, 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; Jackson, Jim; Leibowitz; Lewis; Madden; Martinez, "Mando" (9).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Hartnett  (1).

 

Absent:                          Representative Woolley  (1).

 

SB 431

 

The chair laid out SB 431.

 

Representative Hughes offered a complete committee substitute.

 

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 committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 3763

 

The chair laid out HB 3763 as pending business.

 

The chair referred the bill to the subcommittee on Court Administration.

 

The chair named the following members to the subcommittee on Court Administration:  Representative Martinez, "Mando", Chair; Representatives Jackson, Jim and Lewis.

 

SB 432

 

The chair laid out SB 432.

 

Representative Hughes offered a complete committee substitute.

 

The committee substitute was withdrawn without objection.

 

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.

 

HB4403, HJR138

 

The chair laid out HB4403, HJR138.

 

The chair recognized Representative Hughes to explain the measures.

 

Testimony taken/registration recorded on HB 4403.  (See attached witness list.)

 

Testimony taken/registration recorded on HJR 138.  (See attached witness list.)

 

The chair recognized Representative Hughes to close on the measures.

 

The bills were left pending without objection.

 

SB 477

 

The chair laid out SB 477.

 

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.

 

SB 497

 

The chair laid out SB 497.

 

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 2992

 

The chair laid out HB 2992.

 

Representative Alonzo offered a complete committee substitute.

 

The chair recognized Representative Martinez, "Mando" to explain the measure.

 

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

 

The chair recognized Representative Martinez, "Mando" to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

SB 491

 

The chair laid out SB 491.

 

The chair recognized Representative Alonzo to explain the measure.

 

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

 

The chair recognized Representative Alonzo to close on the measure.

 

The bill was left pending without objection.

 

SB 812

 

The chair laid out SB 812.

 

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 2506

 

The chair laid out HB 2506.

 

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 545

 

The chair laid out HB 545.

 

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 547

 

The chair laid out HB 547.

 

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 4543

 

The chair laid out HB 4543.

 

The chair explained and closed on the measure.

 

The bill was left pending without objection.

 

HB 322

 

The chair laid out HB 322.

 

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 950

 

The chair laid out HB 950.

 

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 1133

 

The chair laid out HB 1133.

 

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 947

 

The chair laid out HB 947.

 

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.

 

HB1353, HB2132, HB4296

 

No action taken on these measures.

 

At 3:17 a.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