MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, March 9, 2005
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, March 9, 2005, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jeff Wentworth Senator Kip Averitt
Senator Mario Gallegos, Jr.
Senator Robert Duncan
Senator Chris Harris
Senator Juan Hinojosa
Senator Royce West
*****
The chair called the meeting to order at 1:36 p.m. The
following business was transacted:
The chair laid out SB 441 and recognized the author, Senator
Madla, 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 Wentworth moved that SB
441 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Hinojosa moved
that SB 441 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Hinojosa moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 335 and recognized the author, Senator
Carona, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Carona 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. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Wentworth moved that SB 335 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Hinojosa moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Hinojosa moved that SB 335 do not pass but that CSSB 335 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 1 absent.
The chair laid out SB 220 and recognized the author, Senator
Carona, 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 Wentworth moved that SB
220 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Wentworth sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Wentworth moved that the
amendment be rolled into the bill; without objection, the
amendment was rolled into the bill. The Chair moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Wentworth moved that SB 220 do not pass but that CSSB
220 be reported back to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 6 ayes, 0 nay, 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 SB 219 and recognized the author, Senator
Carona, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Carona 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. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Wentworth moved that SB 219 be left pending at the
request of the author; without objection, it was so ordered.
The chair laid out SB 393 and recognized the author, Senator Van
de Putte, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Van de Putte
to explain the difference between the committee substitute and
the bill as filed. Senator Wentworth moved that SB 393 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Gallegos, Jr. moved adoption
of the committee substitute; without objection, it was so
ordered. Senator Gallegos, Jr. moved that SB 393 do not pass
but that CSSB 393 be reported back 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 Gallegos, Jr. moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 3:16 p.m. Senator Harris assumed the chair.
The chair laid out SB 550 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. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Harris moved that
SB 550 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr.
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Gallegos, Jr. moved that SB 550 do
not pass but that CSSB 550 be reported back to the Senate with
the recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 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 552 and recognized Senator Wentworth, in
the absence of the author, to explain the bill. There were no
witnesses testifying on the bill. Senator Harris moved that SB
552 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Gallegos, Jr.
moved that SB 552 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 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 451 and recognized the author, Senator
Wentworth, 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 SB 451
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Wentworth moved that
SB 451 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 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.
At 3:20 p.m. Senator Wentworth resumed the chair.
At 3:20 p.m. Senator Wentworth moved that the committee stand
recessed until 3:30 p.m.; without objection, it was so ordered.
At 3:37 p.m. the committee reconvened.
The clerk called roll. There was a quorum present.
Senator Gallegos, Jr. moved adoption of the minutes from the
previous hearings held on February 23, 2005 and March 2, 2005;
without objection, it was so ordered.
The chair laid out SB 103 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. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Harris moved that
SB 103 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Gallegos, Jr. moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 4:09 p.m. Senator Gallegos, Jr. assumed the chair.
At 4:12 p.m. Senator Wentworth resumed the chair.
Senator Gallegos, Jr. moved that SB 436 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 Gallegos, Jr.
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Gallegos, Jr. moved that SB 438 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 Gallegos, Jr.
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Gallegos, Jr. moved that SB 439 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 Gallegos, Jr.
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 4:20 p.m. Senator Gallegos, Jr. assumed the chair.
Senator Wentworth moved that SB 241 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, 2 nays, 0
present not voting, and 1 absent.
Senator Wentworth moved that SB 346 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 6 ayes, 0 nay, 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 Wentworth moved that SB 347 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 6 ayes, 0 nay, 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 Wentworth moved that SB 348 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 6 ayes, 0 nay, 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.
At 4:25 p.m. Senator Wentworth resumed the chair.
The chair announced the motions in writing by Senator Duncan and
Senator West.
Senator Duncan was shown voting aye on the following bills: SB
103, SB 220, SB 441, SB 550, SB 552, SB 346, SB 347, SB 348, SB
451 and SB 335. Senator Duncan was shown voting nay on the
following bill: SB 241.
Senator West was shown voting aye on the following bills: SB
103, SB 220, SB 335, SB 441, SB 451, SB 550, SB 552, SB 346, SB
347, SB 348, SB 393, SB 436, SB 438 and SB 439. Senator West
was shown voting nay on the following bill: SB 241.
There was no action taken on the following bills: SB 145, SB
349 and SB 435.
There being no further business, at 4:27 p.m. Senator Wentworth
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
_____________________________
Senator Jeff Wentworth, Chair
_____________________________
Stephanie Hoover, Clerk