MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Friday, May 14, 1999
8:00 am
Capitol Extension, Room E1.016
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Friday, May 14, 1999 in the Capitol
Extension, Room E1.016, 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 8:00 am. The
following business was transacted.
The following members arrived after the roll was called:
Senator Chris Harris
Senator J. E. Brown
Senator Jeff Wentworth
The Chair laid out HB 2164 and recognized Tom Marshall,
staffer for Senator Harris, 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 2164 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2164 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 2165 and recognized Tom Marshall,
staffer for Senator Harris, 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 2165 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2165 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.
The Chair laid out HB 2166 and recognized Tom Marshall,
staffer for Senator Harris, 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 2166 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2166 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 2947 and recognized Tom Marshall,
staffer for Senator Harris, 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 2947 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2947 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 2990 and recognized Tom Marshall,
staffer for Senator Harris, 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 2990 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2990 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 3272 and recognized Tom Marshall,
staffer for Senator Harris, 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 3272 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 3272 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 3650 and recognized Tom Marshall,
staffer for Senator Harris, 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 3650 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Brown moved that HB 3650 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.
The Chair laid out HB 1562 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1562 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1562 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 1754 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1754 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1754 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 2317 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 2317 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2317 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 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 2534 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 2534 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2534 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 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 2937 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 2937 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2937 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 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 3343 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 3343 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 3343 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Harris asked for unanimous consent to be shown voting
with the Chair for the rest of the votes to be considered by
the committee; without objection it was so ordered.
The Chair laid out HB 3630 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 3630 be left pending; without
objection, it was so ordered.
The Chair laid out HB 3641 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 3641 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 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 2130 and recognized the Senate sponsor,
Senator Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2130 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 2130 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.
The Chair laid out HB 3437 and recognized the Senate sponsor,
Senator Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 3437 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Brown moved that HB 3437 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.
At 8:35 am Senator Wentworth assumed the chair.
The Chair laid out HB 2455 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2455 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 2455 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 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 351 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 351 be left pending; without
objection, it was so ordered.
The Chair laid out HB 400 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 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
requested unanimous consent to incorporate amendments into the
committee substitute. Senator Ellis then moved that the new
committee substitute be adopted.
Senator Ellis moved that CSHB 400 be left pending awaiting the
arrival of a quorum.
Upon the arrival of a quorum, Senator Ellis moved that HB 400
do not pass but that CSHB 400 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.
The Chair laid out HB 2101 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2101 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 2101 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 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 2870 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 2870 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 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 2124 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 sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that HB 2124, 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 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 3230 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 3230 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 9:08 am Senator Ellis resumed the chair.
Senator Ellis moved that Senator Brown be shown voting Aye on
all the votes he had missed so long as it did not change the
outcome; without objection it was so ordered.
The Chair laid out HB 3838 and recognized Tom Marshall,
staffer for Senator Harris, in the absence of the Senate
sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 3838 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 Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 9:18 am Senator Wentworth assumed the chair.
The Chair laid out HB 3173 and recognized the Senate sponsor,
Senator Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 3173 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 HB 3616 and recognized the Senate sponsor,
Senator Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 3616 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.
At 9:26 am Senator Brown assumed the chair.
The Chair laid out HB 3604 and recognized Senator Wentworth,
in the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that HB 3604 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 9:57 am Senator Wentworth assumed the chair.
The Chair laid out HB 3517 and recognized Tom Marshall,
staffer for Senator Harris, in the absence of the Senate
sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 3517 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.
There being no further business, at 10:00 am Senator Wentworth
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
The Chair called the meeting back to order at 10:00 pm, May
14, 1999.
A quorum being present, the following business was transacted.
At 10:00 am Senator Harris assumed the chair.
The Chair laid out HB 351, left pending from the morning
hearing, and recognized the Senate sponsor, Senator Ellis, to
explain the bill.
Senator Ellis moved that HB 351 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 955 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 955 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 1805 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 1805 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 2869 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached.
Senator Ellis moved that HB 2689 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 3786 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 3786 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 10:04 pm Senator Ellis resumed the chair.
The Chair laid out HB 1176 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 1176 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 1852 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 1852 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 HB 2135 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 2135 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 HB 2574 and recognized Senator Harris, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 2574 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 HB 3630, left pending from the morning
hearing, and recognized the Senate sponsor, Senator Wentworth,
to explain the bill.
Senator Wentworth moved that HB 3630 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.
There being no further business, at 10:06 pm Senator Ellis
moved that the Committee be adjourned. Without objection, it
was so ordered.
______________________
Senator Rodney Ellis, Chair
______________________
Kenneth Besserman, Clerk