MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Thursday, May 15, 1997
3:15 pm
Capitol E2.014
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Thursday, May 15, 1997 in Capitol
E2.014, 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 3:22 pm. At 3:25 pm,
the Chair moved that the committee stand at ease awaiting the
arrival of any member of the committee; there being no
objection, it was so ordered.
At 3:30 pm Senator Duncan assumed the chair. The Chair called
the meeting to order at 3:30 pm. Awaiting the arrival of a
quorum, the following business was transacted.
The Chair laid out HB 1665 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 1665 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1665 be reported
favorably to the full 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 3545 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
The Chair moved that HB 3545 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Ogden moved that HB 3545, 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 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 1553 and recognized Senator Lucio, Jr.,
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 1553 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 1665 be left pending;
without objection, it was so ordered.
The Chair laid out HB 293 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. The Chair moved that HB
293 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Harris
moved that HB 1665 be reported favorably to the full 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 2615 and recognized Representative
Mowery, in the absence of the Senate sponsor, to explain the
bill.
The Chair moved that HB 2615 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 2615 be left pending;
without objection, it was so ordered.
At 3:47 pm Senator Ogden assumed the chair.
The Chair laid out HB 2488 and recognized Senator Patterson,
in the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 2488 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris sent up Committee Amendment 1.
Senator Harris pulled down Committee Amendment 1. Senator
Harris moved that HB 2488 be reported favorably to the full
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 2339 and recognized Senator Patterson,
in the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 2339 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Harris moved that HB 2339, 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 laid out HB 1672 and recognized Senator Patterson,
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 1672 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1672 be reported
favorably to the full 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 3:53 pm, the Chair moved that the committee stand at ease
awaiting the arrival of any member of the committee; there
being no objection, it was so ordered.
At 4:08 pm Senator Duncan assumed the chair. The Chair called
the meeting to order at 4:08 pm. Awaiting the arrival of a
quorum, the following business was transacted.
The Chair laid out HB 3088 and recognized Representative
Hartnett, 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 3088 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, 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 Wentworth moved that HB 3088 do not pass but that CSHB
3088 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 891 and recognized Representative
Hartnett, in the absence of the Senate sponsor, to explain the
bill.
The Chair moved that HB 891 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ogden moved that HB 891 be reported favorably
to the full 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 1317 and recognized Representative
Hartnett, 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 1317 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 1317 be reported
favorably to the full 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 2421 and recognized Representative
Hartnett, in the absence of the Senate sponsor, to explain the
bill.
The Chair moved that HB 2421 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved that HB 2421 be reported
favorably to the full 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 4:21 pm, the Chair moved that the committee stand at ease;
there being no objection, it was so ordered.
At 4:50 pm Senator Duncan resumed the chair. The Chair called
the meeting to order at 4:50 pm.
The Chair laid out HB 2951 and, in the absence of the Senate
sponsor, explained the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2951 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 2951 be left pending;
without objection, it was so ordered.
The Chair laid out HB 1192 and, in the absence of the Senate
sponsor, explained the bill.
The Chair moved that HB 1192 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1192 be reported
favorably to the full 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 1751 and, in the absence of the Senate
sponsor, explained the bill.
The Chair moved that HB 1751 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1751 be reported
favorably to the full 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 3105 and, in the absence of the Senate
sponsor, explained the bill.
The Chair moved that HB 3105 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden moved that HB 3105 be reported
favorably to the full 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 3104 and, in the absence of the Senate
sponsor, explained the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 3104 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 3104 be reported
favorably to the full 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 793 and, in the absence of the Senate
sponsor, explained the bill.
The Chair moved that HB 793 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 793 be reported favorably
to the full 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.
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 3345 and, in the absence of the Senate
sponsor, explained the bill.
The Chair moved that HB 3345 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 3345 be reported
favorably to the full 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 2272 and, in the absence of the Senate
sponsor, explained the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2272 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 2272 be left pending;
without objection, it was so ordered.
At 5:19 pm, the Chair moved that the committee stand at ease;
there being no objection, it was so ordered.
There being no further business, at 5:28 pm Senator Duncan
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
At 8:09 am on May 16, 1997, in the Lieutenant Governor's
Committee Room, Senator Ellis resumed the Chair. The Chair
called the meeting to order at 8:09 am. There bring a quorum
present, all bills were voted on or left pending.
The following members arrived after roll was called: Duncan,
Luna and Cain.
The Chair laid out HB 2215. Senator Harris sent up Committee
Amendment 1 and moved adoption; without objection, the
amendment was adopted.
Senator Harris moved that HB 2215, 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 laid out HB 601. Senator Harris moved that HB 601
be reported favorably to the full Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 4 ayes, 3 nays, 0 present not voting,
and 0 absent.
The Chair laid out HB 3581. Senator Ogden moved that HB 3581
be reported favorably to the full 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.
There being no further business, at 8:45 am 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 Gonzalez, Clerk