REVISED MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, May 12, 1997
1:30 pm
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Monday, May 12, 1997 in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis None
Senator Chris Harris
Senator David Cain
Senator Robert Duncan
Senator Gregory Luna
Senator Steve Ogden
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 2:45 pm. Awaiting a
quorum, the following business was transacted.
The Chair laid out HB 1576 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
The Chair moved that HB 1576 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Harris moved HB 1576 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 2:47 pm Senator Harris assumed the chair.
The Chair laid out HB 2297 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2297 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Ellis moved HB 2297 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 6 ayes, 0 nays, 1 present not voting,
and 0 absent.
The Chair laid out HB 2531 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
The Chair moved that HB 2531 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Ellis moved HB 2531 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 787 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 787 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Ellis moved HB 787 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 6 ayes, 1 nay, 0 present not voting,
and 0 absent.
The Chair laid out HB 784 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 784 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Ellis moved HB 784 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 6 ayes, 0 nays, 0 present not voting,
and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 2:55 pm Senator Ellis resumed the chair.
The Chair laid out SB 1172 and recognized the author, Senator
Duncan, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that SB 1172 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Duncan moved SB 01172 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1825 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Witnesses registering on
the bill are shown on the attached list.
The Chair moved that HB 1825 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Duncan moved HB 1825 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
The Chair laid out HB 1390 and recognized the Senate sponsor,
Senator Harris, to explain the bill. The Chair moved that HB
1390 be left pending to a time certain being 4:35 p.m.. At
4:35 being the time certain, Senator Harris moved HB 1390 be
reported back to the senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 6
ayes, 0 nays, 1 present not voting, and 0 absent.
The Chair laid out HB 3012 and recognized the Senate sponsor,
Senator Harris, to explain the bill. The Chair moved that HB
3012 be left pending to a time certain being 4:35 p.m.. At
4:35 being the time certain, Senator Harris Senator Harris
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Harris moved
that HB 3012, as amended, be reported back to the Senate with
the recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair called roll. The following members arrived after
roll was called: Cain and Luna.
The Chair laid out HB 3281 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 HB 3281 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Harris moved HB 3281 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
At 3:08 pm, the Chair moved that the committee stand at ease
until 3:30 pm; without objection, it was so ordered.
The Chair called the meeting to order at 3:30 pm. There being
a quorum, the following business was transacted.
The Chair called roll.
The Chair laid out HB 2145 and recognized the Senate sponsor,
Senator Luna, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 2145 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator Luna
moved HB 2145 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 2156 and recognized the Senate sponsor,
Senator Luna, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 2156 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator Luna
moved HB 2156 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 2702 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
The Chair moved that HB 2702 be left pending to a time
certain being 4:35 p.m.. At 4:35 being the time certain,
Senator Wentworth moved HB 2702 be reported back to the senate
with the recommendation that it do pass and be printed. The
motion carried with a vote of 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
Senator Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 3:45 pm Senator Luna assumed the chair.
The Chair laid out HB 1463 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 1463 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Ellis moved HB 1463 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 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 1291 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 HB 1291 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Wentworth moved HB 1291 be reported back to the senate with
the recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 3:49 pm Senator Harris assumed the chair.
The Chair laid out HB 546 and recognized Senator Luna, in the
absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 546 be left pending a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator Luna
moved HB 546 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 3:51 pm Senator Ellis resumed the chair.
The Chair laid out HB 3060 and recognized Senator Wentworth,
in the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 3060 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Wentworth moved HB 3060 be reported back to the senate with
the recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 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 740 and recognized Representative
Solomons, the House sponsor, 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 HB 740 be left pending a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Harris moved HB 740 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 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 2526 and recognized the Senate sponsor,
Senator Ogden, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 2526 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Ogden moved HB 2526 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Ogden moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 732 and recognized the Senate sponsor,
Senator Nixon, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 732 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Harris moved HB 732 be reported back to the senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 4:14 pm Senator Harris assumed the chair.
The Chair laid out HB 3581 and recognized the Senate sponsor,
Senator Ogden, to explain the bill. The Chair moved that HB
3581 be left pending to a time certain being 4:35 p.m.. At
4:35 being the time certain, Senator Ogden moved HB 3581 be
reported back to the senate with the recommendation that it do
pass and be printed. The motion failed by a vote of 2 ayes, 1
nays, 4 present not voting, and 0 absent.
Senator Ellis moved to change his vote from nay to aye;
without objection, it was so ordered. Senator Ellis moved to
reconsider HB 3581; without objection, it was so ordered.
Senator Ellis moved that HB 3581 be left pending; without
objection, it was so ordered.
The Chair laid out HB 1128 and recognized the Senate sponsor,
Senator Ogden, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 1128 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Ogden moved
HB 1128 be reported back to the senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Ogden moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 657 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair moved that HB 657 be left pending to a time certain
being 4:35 p.m.. At 4:35 being the time certain, Senator
Duncan sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Duncan moved that HB 657, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion failed by a vote of 2 ayes, 4 nays, 1
present not voting, and 0 absent.
At 4:28 pm Senator Ellis resumed the chair.
At 4:30 pm, the Chair moved that the committee stand at ease
until 4:35 pm; without objection, it was so ordered.
The Chair called the meeting to order at 4:35 pm. There being
a quorum, the following business was transacted.
The Chair laid out SB 309 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Wentworth moved that SB 309 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion failed by a vote of 2 ayes, 5 nays, 0
present not voting, and 0 absent.
The Chair laid out CSSB 165 and recognized the author, Senator
Luna, to explain the bill.
Senator Luna moved that CSSB 165 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 2 nays, 0
present not voting, and 0 absent.
The Chair laid out HB 1091 and recognized Senator Harris, in
the absence of the Senate sponsor, to explain the bill.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Harris to explain the difference between
the committee substitute and the bill as filed. Senator
Harris moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Harris moved that HB 1091 do not pass but that CSHB
1091 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.
The Chair laid out HB 601 and recognized the Senate sponsor,
Senator Patterson, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Duncan sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that HB 601 be left pending; without
objection, it was so ordered.
There being no further business, at 6:25 pm Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________________
Senator Rodney Ellis, Chair
______________________________
Helen Gonz lez, Clerk