MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, May 13, 2009

1:30 p.m.

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 13, 2009, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Jeff Wentworth

Senator Mario Gallegos, Jr.

Senator John Carona

Senator Chris Harris

Senator Juan Hinojosa

Senator Kirk Watson

 

Senator Robert Duncan

 

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The chair called the meeting to order at 3:35 p.m.  The following business was transacted: 

 

The chair laid out HB 1682 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  Upon arrival of a quorum, Senator Carona moved that HB 1682 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 655 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 Harris moved that HB 655 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 4718 and recognized the Senate sponsor, Senator Seliger, to explain the bill.  Upon arrival of a quorum, Senator Harris moved that HB 4718 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 SB 2352 and recognized the author, Senator Estes, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the senate bill as filed.  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 72 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Zaffirini 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 72 do not pass but that CSHB 72 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. 

 

The chair laid out HB 2804 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill.  Upon arrival of a quorum, Senator Watson moved that HB 2804 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 2813 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill.  Upon arrival of a quorum, Senator Watson moved that HB 2813 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 1551 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill.  Upon arrival of a quorum, Senator Watson moved that HB 1551 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 SB 1673 and recognized the author, 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.  The bill was left pending.

 

The chair laid out HB 3554 and recognized Senator Carona, 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.  Upon arrival of a quorum, Senator Gallegos, Jr. moved that HB 3554 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out HB 2724 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill.  Upon arrival of a quorum, Senator Harris sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Harris requested unanimous consent to incorporate Committee Amendment 1 into the body of the bill; without objection, it was so ordered.  Senator Harris then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Harris moved that HB 2724 do not pass but that CSHB 2724 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 2876 and recognized the Senate sponsor, Senator Carona, 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 3515 and recognized the Senate sponsor, Senator Carona, to explain the bill.  Senator Carona sent up Committee Amendment 1.  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 Carona moved adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Carona requested unanimous consent to incorporate Committee Amendment 1 into the body of the bill; without objection, it was so ordered.  Senator Carona then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that HB 3515 do not pass but that CSHB 3515 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.      

 

The chair laid out HB 669 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.  Upon arrival of a quorum, Senator Harris moved that HB 669 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 1861 and recognized the Senate sponsor, Senator Carona, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Carona 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 Carona moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that HB 1861 do not pass but that CSHB 1861 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.      

 

The chair laid out HB 1969 and recognized the Senate sponsor, Senator Watson, to explain the bill.  Senator Watson sent up a committee substitute; the chair recognized Senator Watson 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 1969 do not pass but that CSHB 1969 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:26 p.m. Senator Carona assumed the chair. 

 

The chair laid out HB 3246 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 3246 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 144 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 144 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 1460 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  Upon arrival of a quorum, Senator Wentworth moved that HB 1460 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 1688 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 1688 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 1925 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 1925 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 3468 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.  Senator Wentworth moved that HB 3468 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 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 SCR 72 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.  Upon arrival of a quorum, Senator Wentworth moved that SCR 72 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

At 5:56 p.m. Senator Wentworth resumed the chair. 

 

The clerk called roll.  There was a quorum present.

 

Senator Gallegos, Jr. moved adoption of the minutes from a previous hearing held on May 6, 2009; without objection, it was so ordered. 

 

There being no further business, at 6:20 p.m. Senator Wentworth moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Jeff Wentworth, Chair

 

 

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Stephanie Hoover, Clerk