MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, May 14, 1997
2:15 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 Wednesday, May 14, 1997 in the
Capitol Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis Senator Gregory Luna
Senator Chris Harris
Senator David Cain
Senator Robert Duncan
Senator Steve Ogden
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 2:17 pm. Awaiting
the arrival of a quorum, the following business was
transacted.
The Chair laid out SB 1956 and recognized the author, Senator
Carona, to explain the bill.
The Chair moved that SB 1956 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved SB 1956 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 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 3542 and recognized the Senate sponsor,
Senator Carona, to explain the bill. The Chair moved that HB
3542 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Wentworth
moved HB 3542 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 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 3101 and recognized the Senate sponsor,
Senator Carona, to explain the bill. The Chair moved that HB
3101 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Cain moved
HB 3101 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 3565 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 HB 3565 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 3565 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 3135 and recognized Senator Carona, in
the absence of the Senate sponsor, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 3135 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 3135 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 455 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 HB 455 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ogden moved HB 455 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.
The Chair laid out HB 2227 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 HB 2227 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 2227 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 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 1336 and recognized Senator Carona, in
the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 1336 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 1336 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 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 3541 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
The Chair moved that HB 3541 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden moved HB 3541 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 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 3538 and recognized Senator Carona, in
the absence of the Senate sponsor, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 3538 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden moved HB 3538 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 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 2309 and recognized Senator Carona,
instead 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 2309 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 2309 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 2506 and recognized Senator Carona,
instead of the Senate sponsor, to explain the bill. Witnesses
registering on the bill are shown on the attached list.
The Chair moved that HB 2506 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 2506 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 2922 and recognized Senator Carona,
instead 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 2922 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved HB 2922 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2845 and recognized Senator Carona,
instead 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 2845 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 2845 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 2261 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 2261 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Ellis moved that HB 2261 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2005 and recognized Senator Lindsay, in
the absence of the Senate sponsor, to explain the bill. The
Chair moved that HB 2005 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Duncan moved HB 2005 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 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 2779 and recognized Senator Lindsay, 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 2779 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 2779 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 1456 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1456 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 1456 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 5 ayes, 0 nays, 1 present
not voting, and 1 absent.
The Chair laid out HB 3556 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
The Chair moved that HB 3556 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden moved HB 3556 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 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 1706 and recognized Senator Cain, in the
absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 1706 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 1706 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 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 2183 and recognized Senator Cain, in the
absence of the Senate sponsor, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 2183 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan moved HB 2183 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 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 2555 and recognized Senator Cain, in the
absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 2555 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 2555 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 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 1990 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 1990 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Duncan moved HB 1990 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.
The Chair laid out HB 308 and recognized Senator Cain, 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 308 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved HB 308 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 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 Senator Cain, in the
absence of the Senate sponsor, to explain the bill. The Chair
moved that HB 1688 be left pending to await a quorum; without
objection it was so ordered. Upon arrival of a quorum,
Senator Wentworth moved HB 1688 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 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 3086 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. The Chair moved that
HB 3086 be left pending to await a quorum; without objection
it was so ordered. Upon arrival of a quorum, Senator
Wentworth moved HB 3086 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair moved that the committee stand at ease until a time
certain; without objection, it was so ordered.
The Chair called the meeting to order at 3:30 pm. There being
a quorum present, the following business was transacted.
The Chair laid out HB 1314 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Ellis moved that HB 1314 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2189 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Wentworth to explain the difference between
the committee substitute and the bill as filed. Senator
Wentworth moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Ellis moved that CSHB 2189 be left pending; without
objection, it was so ordered.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 2309, HB 2506, HB 2555, HB 2779, HB 2845, HB 3086,
HB 3101, HB 3135, HB 3538, HB 3541, HB 3542, HB 3556, HB 3557,
HB 3565.
Senator Harris requested unanimous consent to be shown voting
aye on SB 1956, HB 455, HB 2309, HB 3542, HB 3103, HB 3565, HB
3135, HB 2227, HB 1336, HB 3541, HB 3538, HB 3086, HB 2189, HB
2506, HB 2922, HB 2845, HB 2005, HB 2779, HB 1456, HB 3556, HB
1706, HB 2183, HB 2555, HB 1990, HB 308, HB 3557, HB 1688.
There being no further business, at 4:10 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