House Committee on Judicial Affairs
76th Legislature
March 8, 1999
3:00 pm
Capitol Extension, E2.028
Pursuant to a notice posted on March 2, 1999, the House
Committee on Judicial Affairs met in a public hearing and was
called to order by the Chair, Representative Senfronia
Thompson at 3:14 pm.
The roll was answered as follows:
Present: Representatives Thompson; Hartnett; Capelo; Shields;
Uresti (5).
Absent: Representatives Deshotel; Garcia; Hinojosa; Solis of
Cameron (4).
A quorum was present.
HB 221 by Rep. Naishtat
The chair laid out HB 221 and recognized the author, Rep.
Naishtat, to explain.
Testimony was taken. (See attached witness list.)
(Representative Deshotel now present.)
There being no other witnesses, the chair recognized the
author to close.
Rep. Capelo moved that HB 221 be reported favorably to the
full House with the recommendation that it do pass, be printed
and be sent to the Committee on Local and Consent Calendars.
There being objections, Rep. Capelo rephrased his motion and
moved that HB 221 be reported favorably to the full House with
the recommendation that it do pass, be printed and be sent to
the Calendars Committee.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Uresti (5).
Nays: Representative Shields (1).
PNV: None (0).
Absent: Representatives Garcia; Hinojosa; Solis of Cameron
(3).
HB 116 by Rep. Smith
The chair laid out HB 116.
The chair left HB 116 temporarily pending.
(Representative Hartnett now chair.)
HB 1603 by Thompson
The chair laid out HB 1603 and recognized the author, Rep.
Thompson, to explain.
Rep. Hartnett offered and laid out CSHB 1603.
Testimony was taken. (see attached witness list.)
There were four witnesses who signed up in favor of HB 1603,
but did not wish to testify. (see attached witness list for
names.)
There being no further witnesses, the chair withdrew the
substitute and left HB 1603 pending.
(Representative Thompson in chair.)
HB 164 by Chisum
The chair laid out HB 164 and recognized the author, Rep.
Chisum, to explain.
(Representative Solis of Cameron now present.)
There being no witnesses to testify for, against or neutrally
on HB 164, the chair referred HB 164 to subcommittee to be
named later.
(Representative Hartnett now chair.)
HB 777 by Rep. Thompson & HB 778 by Rep. Thompson
The chair laid out HB 777 & HB 778 and recognized the author,
Rep. Thompson, to explain.
Testimon was taken on both HB 777 & HB 778. (see attached
witness list.)
Rep. Uresti offered a committee amendment to HB 777. There
being no objection, the chair laid out the committee
amendment. The chair moved that the committee amendment be
adopted. There being no objection, the committee amendment
was adopted.
Rep. Deshotel offered a complete committee substitute to HB
778. There being no objection, the chair laid out CSHB 778.
Testimony was taken. (see attached witness list.)
There being no further witnesses, the chair moved that CSHB
778 be adopted. There being no objection, CSHB 778 was
adopted.
Rep. Uresti moved that HB 777, as amended, be reported
favorably to the full House with the recommendation that it do
pass, be printed and be sent to the Committee on Local and
Consent Calendars.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson, Hartnett, Capelo,
Deshotel, Shields, Solis of Cameron, Uresti
(7).
Nays: None (0).
PNV: None (0).
Absent: Representatives Garcia, Hinojosa (2).
Rep. Deshotel moved that HB 778, as substituted, be reported
favorably to the full House with the recommendation that it do
pass, be printed and be sent to the Committee on Local and
Consent Calendars.
The motion prevailed by the following record vote:
(Representative Hinojosa now present.)
Ayes: Representatives Thompson, Hartnett, Capelo,
Deshotel, Hinojosa, Shields, Solis of Cameron,
Uresti (8).
Nays: None (0).
PNV: None (0).
Absent: Representatives Garcia (1).
(Representative Thompson in chair.)
HB 116 by Rep. Smith
The chair laid out HB 116, which was previously left pending,
and recognized the author, Rep. Smith, to explain.
Rep. Hartnett offered a complete committee substitute. There
being no objection, the chair laid out CSHB 116 and recognized
Rep. Smith to explain.
Testimony was taken. (see attached witness list.)
There being no other witnesses, the chair withdrew the
substitute and left HB 116 referred HB 116 to a subcommittee
to be named later.
HB 1313 by Rep. Zbranek
The chair laid out HB 1313 and recognized, Rep. Hope, to
explain.
Testimony was taken. (see attached witness list.)
(Representative Hartnett now chair.)
(Representative Thompson in chair.)
There were two witnesses who signed up in opposition to HB
1313, but did not wish to testify. (see attached witness list
for names.)
There being no other witnesses, the chair recognized the
author, Rep. Zbranek, to close.
(Representative Hartnett now chair.)
The chair left HB 1313 pending.
HB 57 by Rep.Cuellar
The chair laid out HB 57, which was left pending at the
committee's March 1st public hearing, and explained.
Rep. Deshotel offered a complete committee substitute to HB
57. There being no objection, the chair laid out CSHB 57 and
explained. Rep. Deshotel moved adoption of the committee
substitute to HB 57. There being no objection, CSHB 57 was
adopted.
Rep. Capelo moved that HB 57, as substituted, be reported
favorably to the full House with the recommendation that it do
pass, be printed and be sent to the Committee on Local and
Consent Calendars.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson, Hartnett, Capelo,
Hinojosa, Shields, Uresti (6).
Nays: None (0).
PNV: None (0).
Absent: Representatives Deshotel, Garcia, Solis of Cameron
(3).
HB 1142 by Thompson
The chair laid out HB 1142, which was left pending at the
committee's March 1st public hearing, and explained.
There was one witness who signed up in favor of HB 1142, but
did not wish to testify. (see attached witness list for
name.)
Rep. Hartnett offered and laid out a complete committee
substitute to HB 1142. Rep. Hartnett moved adoption of CSHB
1142. There being no objection, CSHB 1142 was adopted.
Rep. Uresti moved that HB 1142, as substituted, be reported
favorably to the full House with the recommendation that it do
pass, be printed and be sent to the Committee on Local and
Consent Calendars.
There being questions, Rep. Uresti withdrew his motion.
Rep. Uresti re-instated his motion by moving that HB 1142, as
substituted, be reported favorably to the full House with the
recommendation that it do pass, be printed and be sent to the
Committee on Local and Consent Calendars.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel, Hinojosa, Shields, Uresti (7).
Nays: None (0).
PNV: None (0).
Absent: Representatives Garcia; Solis of Cameron (2).
HB 1309 by Rep. Thompson
The chair laid out HB 1309 and recognized the author, Rep.
Thompson, to explain.
Testimony was taken. (see attached witness list.)
There were two witnesses who signed up in opposition to HB
1309, but did not wish to testify. (see attached witness list
for names.)
There being no further witnesses, the chair recognized the
author to close.
The chair referred HB 1309 to a subcommittee to be named
later.
(Representative Thompson in chair.)
The chair named the subcommittees to the following bills:
Subcommittee on Process Servers
Shields (chair), Deshotel, Uresti
HB 1309 by Thompson
Subcommittee on Property
Shields (chair), Deshotel, Uresti
HB 116 by Smith
Subcommittee on Judicial Selection
Solis of Cameron (chair), Deshotel, Thompson
HB 164 by Chisum
The chair referred the following bills directly to
subcommittee and made the following subcommittee assignments:
Subcommittee on District Courts
Thompson (chair), Hinojosa, Shield, Solis of Cameron, Uresti
HB 58 by Cuellar
HB 100 by Howard
HB 125 by Puente
HB 252 by Luna of Nueces
HB 400 by Thompson
HB 593 by Hinojosa
HB 602 by Naishtat
Subcommittee on District Courts (cont'd)
HB 929 by Junell
HB 978 by McCall
HB 1012 by Lewis of Tarrant
HB 1222 by Krusee
HB 1239 by Ramsay
HB 1252 by Chavez
HB 1253 by Chavez
HB 1695 by Solis of Cameron
Subcommittee on Juries
Deshotel (chair); Hinojosa, Garcia
HB 168 by Chisum
HB 472 by Reyna of Dallas
HB 653 by Berman
HB 701 by Wilson
HB 769 by Goodman
HB 1754 by Hill
SB 136 by Harris
Subcommittee on Visiting Judges
Hinojosa (chair); Garcia, Uresti
HB 460 by Nixon of Harris
HB 474 by Nixon of Harris
HB 600 by Gallego
HB 639 by Thompson
HB 1606 by Thompson
Subcommittee on Municipal Courts
Garcia (chair); Capelo, Shields
HB 404 by Palmer
HB 651 by Berman
HB 731 by Thompson
HB 1881 by Brimer
Subcommittee on Probate
Hartnett (chair); Capelo, Shields
HB 919 by Naishtat
HB 1282 by Thompson
HB 1660 by Naishtat
HB 1661 by Naishtat
HB 1662 by Naishtat
HB 1663 by Naishtat
HB 1851 by Thompson
HB 1852 by Thompson
SB 294 by Harris
Subcommittee on Judicial Selection
Solis (chair); Deshotel, Thompson
HB 346 by Thompson
HB 666 by Mowery
HB 1361 by Hupp
HJR 49 by Hupp
Subcommittee on Court Reporters
Capelo (chair); Deshotel, Shields
HB 1072 by Uher
HB 1815 by Dutton
There being no further business, the chair move that the
committee stand adjourn. There being no objection, the
Committee on Judicial Affairs adjourned at 6:22 p.m.
___________________________
Senfronia Thompson, Chair
___________________________
Milda Mora, Chief Clerk