MINUTES 
          
                        SENATE COMMITTEE ON JURISPRUDENCE 
                             Monday, April 12, 1999 
                                     3:30 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, April 12, 1999 in the  
         Capitol Extension, Room E1.012, at Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Rodney Ellis                    Senator Chris Harris 
         Senator J. E. Brown                     Senator Gregory Luna 
                                                 Senator Jeff Wentworth 
          
                                      ***** 
          
         The Chair called the meeting to order at 4:30 pm.  The  
         following business was transacted.   
          
         The following members arrived after the roll was called:   
         Senator Chris Harris 
         Senator Jeff Wentworth 
          
         The Chair laid out SB 1187 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         At 4:33 pm Senator Brown assumed the chair.   
          
         Senator Ellis sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         At 4:34 pm Senator Ellis resumed the chair.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  
         Senator Brown moved that SB 1187 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 Brown moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
  
         so ordered.   
          
         The Chair laid out SB 915 and recognized the author, Senator  
         Wentworth, to explain the bill.   
         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. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Brown sent up a second committee substitute; the Chair  
         recognized Senator Brown to explain the difference between the  
         committee substitute and the bill as filed.   
         Senator Ellis moved that SB 915 be left pending; without  
         objection, it was so ordered. 
          
         The Chair laid out SJR 20 and recognized the author, Senator  
         Duncan, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved that SJR 20 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.   
          
         The Chair laid out SB 412 and recognized the author, Senator  
         Duncan, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved that SB 412 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 1436 and recognized the author, Senator  
         Duncan, to explain the bill.   
         Senator Wentworth sent up a committee substitute; the Chair  
         recognized Senator Duncan 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. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved that SB 1436 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 263 and recognized the author, Senator  
         Duncan, to explain the bill.   
         Senator Wentworth sent up a committee substitute; the Chair  
         recognized Senator Duncan 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. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Brown requested unanimous consent to incorporate an  
         amendment into the committee substitute;  without objection,  
         it was so ordered.   
         Senator Brown moved that SB 263 do not pass but that CSSB 263,  
         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 Brown moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out SB 265 and recognized the author, Senator  
         Duncan, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved that SB 265 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 436 and recognized the author, Senator  
         Nixon, to explain the bill.   
         Senator Brown sent up a committee substitute; the Chair  
         recognized Senator Nixon to explain the difference between the  
         committee substitute and the bill as filed.  Senator Brown  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
         Senator Brown sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Brown sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Brown sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Brown sent up Committee Amendment 4 and moved  
         adoption; without objection, the amendment was adopted. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
  
         Senator Brown requested unanimous consent to incorporate  
         amendments into the committee substitute.  Senator Brown moved  
         that SB 436 do not pass but that CSSB 436, 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 Brown moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out SCR 18 and recognized the author, Senator  
         Nixon, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved that SCR 18 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.   
          
         The Chair laid out SCR 33 and recognized Senator Wentworth, in  
         the absence of the author, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved that SCR 33 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 851 and recognized Senator Wentworth, in  
         the absence of the author, to explain the bill.   
         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.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Wentworth moved adoption of the committee substitute,  
         without objection, it was so ordered. 
         Senator Wentworth moved that SB 851 do not pass but that CSSB  
         851 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 Wentworth moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         At 5:32 pm Senator Brown assumed the chair.   
          
         The Chair laid out SB 1230, left pending from a previous  
         hearing, and recognized the author, Senator Ellis, to explain  
         the bill. 
         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. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Ellis moved that SB 1230 do not pass but that CSSB  
         1230 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 HB 1136 and recognized the Senate sponsor,  
         Senator Ellis, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Ellis moved that HB 1136 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 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 1142 and recognized the Senate sponsor,  
         Senator Ellis, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Ellis moved that HB 1142 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 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 1706 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 1706 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 Ellis moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
  
         so ordered.   
          
         At 5:38 pm Senator Ellis resumed the chair.   
          
         The Chair laid out SB 994 and recognized the author, Senator  
         Lindsay, to explain the bill.   
         Senator Brown sent up a committee substitute; the Chair  
         recognized Senator Lindsay to explain the difference between  
         the committee substitute and the bill as filed.  Senator Brown  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Ellis moved that SB 994 be left pending; without  
         objection, it was so ordered. 
          
         At 5:50 pm Senator Harris assumed the chair.   
          
         The Chair laid out HB 777 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 moved that HB 777 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 HB 1605 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 moved that HB 1605 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.   
          
         At 5:53 pm Senator Brown assumed the chair.   
          
         The Chair laid out SB 368 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.  Senator  
  
         Harris moved adoption of the committee substitute, without  
         objection, it was so ordered. 
         Senator Harris requested unanimous consent to incorporate an  
         amendment into the committee substitute.   
          
         At 5:55 pm Senator Ellis resumed the chair.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Harris moved that SB 368 do not pass but that CSSB  
         368, 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 4 ayes, 0 nays, 0 present not voting,  
         and 1 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 1348 and recognized the Senate sponsor,  
         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.  Senator  
         Harris moved adoption of the committee substitute, without  
         objection, it was so ordered. 
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Harris moved that HB 1348 do not pass but that CSHB  
         1348 be reported back 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 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 797 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Harris moved that HB 797 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 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 1011 and recognized the author, Senator  
         Brown, to explain the bill.  
         Senator Brown sent up a committee substitute; the Chair  
         recognized Senator Brown to explain the difference between the  
         committee substitute and the bill as filed.  Senator Brown  
  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
          
         The Chair laid out SB 1366 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.  Senator  
         Harris moved adoption of the committee substitute, without  
         objection, it was so ordered. 
          
         Witnesses testifying and registering on SB 1011 and SB 1366  
         are shown on the attached list.   The witnesses for both bills  
         were divided into two panels; those testifying for the bill  
         and those testifying against the bill.  Each panel was given  
         thirty minutes to present testimony. 
          
         Senator Harris moved that a letter from Linda C.  Baker be  
         made a part of the record; without objection  it was so  
         ordered.  
          
         Senator Ellis moved that SB 1011 be left pending; without  
         objection, it was so ordered. 
          
         Senator Ellis moved that SB 1366 be left pending; without  
         objection, it was so ordered. 
          
         There being no further business, at 7:30 pm Senator Ellis  
         moved that the Committee stand recessed subject to the call of  
         the Chair.    
          
         The Chair called the meeting back to order at 12:05 pm, April  
         13, 1999, at Senator Ellis' Desk. 
          
         Senator Harris moved that SB 1011 do not pass but that CSSB  
         1011 be reported back 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 Harris moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Brown moved that SB 1366 do not pass but that CSSB  
         1366 be reported back 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 Brown moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         There being no further business, at 12:07 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