MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, March 23, 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 23, 2005, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jeff Wentworth Senator Mario Gallegos,
Jr.
Senator Kip Averitt Senator Juan Hinojosa
Senator Robert Duncan
Senator Chris Harris
Senator Royce West
*****
The chair called the meeting to order at 4:22 p.m. The
following business was transacted:
The chair laid out SB 534 and recognized the author, Senator
Lindsay, 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.
The chair laid out SB 672 and recognized the author, Senator
Seliger, 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
672 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Harris moved that
SB 672 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.
At 4:44 p.m. Senator Harris assumed the chair.
The chair laid out SB 149 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 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. Upon arrival of a
quorum, Senator Harris moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Harris moved adoption of Committee Amendment 1; without
objection, it was so ordered. Senator Harris requested
unanimous consent to roll the amendment into a committee
substitute and moved the adoption of the new committee
substitute; without objection, it was so ordered. Senator
Harris moved that SB 149 do not pass but that CSSB 149 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 Harris
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 4:50 p.m. Senator Duncan assumed the chair.
At 4:51 p.m. Senator Wentworth resumed the chair.
The chair laid out SCR 7 and recognized the author, Senator
Duncan, to explain the bill. Senator Duncan sent up Committee
Amendment 1. There were no witnesses on the bill. Upon arrival
of a quorum, Senator Duncan moved adoption of Committee
Amendment 1; without objection, the amendment was adopted.
Senator Duncan moved to roll the amendment into the body of the
bill; without objection, it was so ordered. Senator Duncan
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Duncan moved that SCR 7 do not pass
but that CSSCR 7 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 Duncan moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 291 and recognized Senator Duncan, in the
absence of the author, to explain the bill.
The clerk called roll. There was a quorum present.
Senator Duncan moved adoption of the minutes from the previous
hearing held on March 16, 2005; without objection, it was so
ordered.
Testimony was taken on SB 291. 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 291 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.
Senator Harris moved that SB 671 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 SB 673 and recognized Senator Duncan.
Senator Duncan sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Duncan
moved to roll the amendment into the body of the bill and moved
that the committee substitute be adopted; without objection, it
was so ordered. Senator Duncan moved that SB 673 do not pass
but that CSSB 673 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 Duncan moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 5:16 p.m. Senator Duncan assumed the chair.
The chair laid out SB 165 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 sent up Committee Amendment 1.
Senator Wentworth sent up Committee Amendment 2. Senator
Wentworth sent up Committee Amendment 3. 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.
At 6:27 p.m. Senator Wentworth resumed the chair.
The chair announced the motion in writing by Senator Averitt.
Senator Averitt was shown voting aye on the following bills: SB
149, SB 291, SB 672, SCR 7, SB 671 and SB 673.
There was no action taken on the following bills: SB 145 and SB
349.
There being no further business, at 6:28 p.m. Senator Averitt
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
____________________________
Senator Jeff Wentworth, Chair
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Stephanie Hoover, Clerk