MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, May 4, 2005
1:30 p.m.
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, May 4, 2005, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jeff Wentworth None
Senator Mario Gallegos, Jr.
Senator Kip Averitt
Senator Robert Duncan
Senator Chris Harris
Senator Juan Hinojosa
Senator Royce West
*****
The chair called the meeting to order at 3:52 p.m. The
following business was transacted:
The chair laid out HB 858 and recognized the Senate sponsor,
Senator Armbrister, 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. Upon arrival of a quorum, Senator
Averitt moved that HB 858 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 absent. Senator Averitt moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 3475 and recognized the Senate sponsor,
Senator Shapleigh, 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. Upon arrival of a quorum, Senator
Hinojosa moved that HB 3475 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 1704 and recognized Senator Shapleigh, in
the absence of the author, to explain the bill. Senator
Wentworth sent up a committee substitute. 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
Wentworth moved adoption of the committee substitute; without
objection, it was so ordered. Senator Wentworth moved that SB
1704 do not pass but that CSSB 1704 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 HB 3240 and recognized the Senate sponsor,
Senator Averitt, 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. Upon arrival of a quorum, Senator
Averitt moved that HB 3240 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 Averitt moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 413 and recognized Senator West, 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 the public testimony be closed;
without objection, it was so ordered. Upon arrival of a quorum,
Senator West moved that HB 413 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 7 ayes, 0 nay, 0
present not voting, and 0 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 HB 2231 and recognized the Senate sponsor,
Senator Deuell, 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. Upon arrival of a quorum, Senator
West moved that HB 2231 be reported favorably to the Senate with
the recommendation that it do pass and be printed. The motion
carried with a record vote of 7 ayes, 0 nay, 0 present not
voting, and 0 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 HB 2256 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses on the bill. Upon arrival of a quorum,
Senator Averitt moved that HB 2256 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 7 ayes, 0 nay, 0
present not voting, and 0 absent. Senator Averitt moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 81 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses on the bill. Upon arrival of a quorum, Senator
Hinojosa moved that HB 81 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 HB 3489 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses on the bill. Upon arrival of a quorum,
Senator Averitt moved that HB 3489 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 Averitt moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 4:13 p.m. Senator West assumed the chair.
The chair laid out HB 1174 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 the public testimony be closed; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Wentworth moved that HB 1174 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 1182 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 the public testimony be closed; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Wentworth moved that HB 1182 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 1501 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 the public testimony be closed; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Wentworth moved that HB 1501 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 1686 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 the public testimony be closed; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Wentworth moved that HB 1686 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 3265 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 the public testimony be closed; without
objection, it was so ordered. The bill was left pending.
At 4:40 p.m. Senator Wentworth resumed the chair.
The chair laid out HB 202 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Harris sent up
Committee Amendment 1 and moved adoption. 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 Committee Amendment 1; without
objection, the amendment was adopted. Senator Harris moved to
roll Committee Amendment 1 into the body of the bill; without
objection, it was so ordered. Senator Harris moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Harris moved that HB 202 do not pass but that CSHB 202
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 7 ayes, 0 nay, 0 present not voting, and 0 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 203 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. Upon arrival of a quorum, Senator
Harris moved that HB 203 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 204 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. Upon arrival of a quorum, Senator
Harris moved that HB 204 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 230 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. Upon arrival of a quorum, Senator
Harris moved that HB 230 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 307 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. Upon arrival of a quorum, Senator
Harris moved that HB 307 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 678 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. Upon arrival of a quorum, Senator
Harris moved that HB 678 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 1191 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. Upon arrival of a quorum, Senator
Harris moved that HB 1191 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 1418 and recognized the Senate sponsor,
Senator Hinojosa, 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. Upon arrival of a quorum, Senator
Hinojosa moved that HB 1418 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 7 ayes, 0 nay, 0 present
not voting, and 0 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 HB 723 and recognized Senator Duncan, 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 the public testimony be closed;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Duncan moved that HB 723 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 7 ayes, 0 nay, 0
present not voting, and 0 absent. Senator Duncan moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The clerk called roll.
Senator Duncan moved adoption of the minutes from the previous
hearing held on April 27, 2005; without objection, it was so
ordered.
The chair laid out HB 1190 by Senator Harris. Senator Harris
moved that HB 1190 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 Wentworth read the motion in writing by Senator
Gallegos.
Senator Gallegos was shown voting aye on the following bills:
HB 81, HB 202, HB 203, HB 204, HB 230, HB 307, HB 413, HB 678,
HB 723, HB 858, HB 1174, HB 1182, HB 1191, HB 1418, HB 1501, HB
1686, HB 2231, HB 2256, HB 3475.
There being no further business, at 5:32 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