MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, April 30, 2003 1:30 p.m. or upon adjournment Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Jurisprudence was held on Wednesday, April 30, 2003, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Robert Duncan Senator Teel Bivins Senator Mario Gallegos Senator Kip Averitt Senator Chris Harris Senator Eddie Lucio Senator Royce West ***** The chair called the meeting to order at 3:25 p.m. There being a quorum present, the following business was transacted: The chair laid out HB 320 and recognized the Senate sponsor, Senator Lucio, to explain the bill. Senator Gallegos sent up Committee Amendment 1. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out HB 883 and recognized the Senate sponsor, Senator Lucio, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out HB 884 and recognized the Senate sponsor, Senator Lucio, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Harris moved that HB 884 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio assumed the chair. The chair laid out SB 1207 and recognized the author, Senator Duncan, to explain the bill. Senator Duncan moved to withdraw a committee substitute that had been adopted at a previous hearing, without objection, the committee substitute was withdrawn. Senator Duncan sent up a new committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the bill as filed. Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that SB 1207 do not pass but that CSSB 1207 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 227 and recognized Senator Duncan, in the absence of the Senate sponsor, to explain the bill. Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the bill as filed. Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Duncan moved that HB 227 do not pass but that CSHB 227 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan resumed the chair. The chair laid out HB 1471 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Harris moved that HB 1471 do not pass but that CSHB 1471 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1472 and recognized the Senate sponsor, Senator Harris, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Harris moved that HB 1472 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 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 501 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that HB 501 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 829 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that HB 829 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1450 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 the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Harris moved that SB 1450 do not pass but that CSSB 1450 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 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 West, to explain the bill. Senator West moved to pull down a previously offered committee substitute; without objection, it was so ordered. Senator West sent up a new committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as SENATE COMMITTEE ON JURISPRUDENCE Minutes Wednesday, April 30, 2003 page 4 filed. Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved to reopen public testimony to allow testimony on the newly adopted committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West 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 record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. The chair laid out SB 1614 and recognized Senator West, in the absence of the author, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB 1614 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. The chair laid out SB 328 and SB 998 and recognized the author, Senator West, to explain the bills. Senator West sent up a committee substitute for SB 328 and a committee substitute for SB 998. Senator West then moved to withdraw both of the offered committee substitutes; without objection, it was so ordered. Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. SB 328 and SB 998 were both left pending before the committee. Senator Lucio requested unanimous consent to be shown voting aye on SB 1450; without objection, it was so ordered. Senator Gallegos requested unanimous consent to be shown voting aye on HB 501, HB 829, HB 884, HB 1471, HB 1472, SB 1450, SB 1614, HB 227 and SB 1011; without objection, it was so ordered. There being no further business, the Committee stood recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Robert Duncan, Chair ______________________ Teddy Carter, Clerk