MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, March 22, 1999
9:00 am
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, March 22, 1999 in the
Capitol Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis Senator Gregory Luna
Senator Chris Harris
Senator J. E. Brown
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 9:04 am. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Gregory Luna
The Chair laid out SB 1670 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Brown moved that SB 1670, 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 3 ayes, 0 nays, 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 917 and recognized the author, 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 Wentworth moved that SB 917 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1001 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1001 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 ayes, 0 nays, 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 SB 1002 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1002 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 ayes, 0 nays, 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 1004 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1004 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 ayes, 0 nays, 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 1005 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1005 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 ayes, 0 nays, 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.
Senator Wentworth asked to postpone consideration of SB 1007
and SB 1150.
At 9:18 am Senator Brown assumed the chair.
The Chair laid out SB 581 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that SB 581, 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 3 ayes, 0 nays, 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 788 and recognized the author, Senator
Harris, 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
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 requested unanimous consent to incorporate amendments
into the committee substitute; 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 SB 788 do not pass but that CSSB 788
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 3
ayes, 0 nays, 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 1106 and recognized the author, Senator
Harris, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
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.
The Chair moved that SB 1106 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that SB 1106 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 ayes, 0 nays, 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 1192 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1192 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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 1741 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1741 be left pending until the
Committee resumed in the afternoon; without objection, it was
so ordered. 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 SB 1741 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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 953 and recognized the author, Senator
Luna, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Luna sent up a committee substitute; the Chair
recognized Senator Luna to explain the difference between the
committee substitute and the bill as filed. Senator Luna
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Luna moved that SB 953 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senator Luna asked for unanimous consent to be shown voting
Aye on SB 1670, SB 1001, SB 1002, SB 1004, SB 1005, SB 581,
SB 788, SB 1106, SB 1192, and SB 1741; without objection it
was so ordered.
The Chair laid out SB 1023 and recognized Senator Harris, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1023 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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 1024 and recognized Senator Harris, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1024 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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 1551 and recognized Senator Harris, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1551 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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 1552 and recognized Senator Harris, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1552 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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 1554 and recognized Senator Harris, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1554 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 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.
At 9: 55 am Senator Brown moved that the Committee stand
recessed subject to the call of the Chair.
Senator Ellis resumed the Chair at 6:00pm and called the
meeting to order.
The Chair laid out SB 651 and recognized the author, Senator
Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 651 be left pending; without
objection, it was so ordered.
The Chair laid out SB 668 and recognized the author, Senator
Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 668 be left pending; without
objection, it was so ordered.
At 6:06 pm Senator Wentworth assumed the chair.
The Chair laid out SB 1021 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis sent up a committee substitute; the Chair
recognized Senator Ellis to explain the difference between the
committee substitute and the bill as filed. Senator Ellis
moved adoption of the committee substitute, without objection,
it was so ordered.
The Chair moved that SB 1021 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that SB 1021 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 3 ayes, 0 nays, 0
present not voting, and 2 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 SB 1553 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that SB 1553, 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 3 ayes, 0 nays, 0
present not voting, and 2 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 SB 1034 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that SB 1034, 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 3 ayes, 0 nays, 0
present not voting, and 2 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 SB 1230 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1230 be left pending; without
objection, it was so ordered.
At 6:20 pm Senator Harris assumed the chair.
The Chair recognized Senator Ellis on CSSB 229, left pending
from a previous hearing.
Senator Ellis requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Ellis then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Ellis moved that SB 229 do not pass but that
CSSB 229 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 3 ayes, 0 nays, 0 present not voting,
and 2 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senator Ellis was recognized on CSSB 232, left pending from a
previous hearing.
Senator Ellis requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Ellis then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Ellis moved that SB 232 do not pass but that
CSSB 232 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 3 ayes, 0 nays, 0 present not voting,
and 2 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 6:27 pm Senator Ellis resumed the chair.
Senator Ellis asked for unanimous consent to be shown voting
Aye on SB 1670, SB 1001, SB 1002, SB 1004, SB 1005, SB 581,
SB 788, SB 1106, SB 1192, SB 1741, SB 953, SB 1023, SB 1024,
SB 1551, SB 1552, and SB 1554; without objection it was so
ordered.
There being no further business, at 6:30 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
______________________
Kenneth Besserman, Clerk