MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, April 13, 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, April 13, 2005, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jeff Wentworth Senator Royce West
Senator Mario Gallegos, Jr.
Senator Kip Averitt
Senator Robert Duncan
Senator Chris Harris
Senator Juan Hinojosa
*****
The chair called the meeting to order at 1:42 p.m. There being
a quorum present, the following business was transacted:
The clerk called roll.
Senator Harris moved adoption of the minutes from the previous
hearings held on April 6, 2005 and April 7, 2005; without
objection, it was so ordered.
The chair laid out SB 1147 and recognized the author, 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 SB 1147
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 1151 and recognized the author, 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 SB 1151
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 1153 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 1153 do not pass but that CSSB 1153 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 1216 and recognized the author, 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. Senator Hinojosa moved that SB
1216 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, 1 nay, 0 present not voting, and 2
absent.
The chair laid out SB 1424 and recognized the author, Senator
Gallegos, Jr., 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 Gallegos, Jr. moved that
SB 1424 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.
The chair laid out SB 1425 and recognized the author, Senator
Gallegos, Jr., 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 Gallegos, Jr. moved that
SB 1425 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.
The chair laid out SB 1426 and recognized the author, Senator
Gallegos, Jr., 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 Gallegos, Jr. moved that
SB 1426 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 2:07 p.m. Senator Harris assumed the chair.
The chair laid out SB 830 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 Wentworth moved that SB
830 be left pending; without objection, it was so ordered.
The chair laid out SCR 14 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. Upon arrival of a quorum, Senator
Wentworth moved that SCR 14 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 Wentworth moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 2:54 p.m. Senator Hinojosa assumed the chair.
The chair laid out SB 1190 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. 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 SB 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
Duncan moved to reconsider the vote; without objection, it was
so ordered. Senator Wentworth moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Duncan moved that SB 1190 do not pass but that CSSB 1190 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.
At 3:29 p.m. Senator Wentworth resumed the chair.
The chair laid out SB 1178 and recognized Senator Hinojosa, 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. Upon arrival of a quorum,
Senator Gallegos, Jr. moved that SB 1178 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.
The chair laid out SB 1071 and recognized Senator Hinojosa, in
the absence of the author, to explain the bill. Senator
Hinojosa sent up a committee substitute; the chair recognized
Senator Hinojosa 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. The bill was left pending.
At 4:00 p.m. Senator Wentworth moved that the committee stand
recessed until 4:30 p.m; without objection, it was so ordered.
At 4:35 p.m. Senator Wentworth moved that the committee stand at
ease; without objection, it was so ordered.
At 4:50 p.m. the committee reconvened.
The chair laid out SB 1189 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 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 Wentworth
moved that SB 1189 do not pass but that CSSB 1189 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 Wentworth
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 5:00 p.m. Senator Wentworth moved that the committee stand
recessed; without objection, it was so ordered.
At 5:02 p.m. the committee reconvened.
The chair announced the motions in writing by Senator Averitt
and Senator Duncan.
Senator Averitt was shown voting aye on the following bills: SB
1147, SB 1151, SB 1153, SB 1424, SB 1425, SB 1426 and SB 1178.
Senator Duncan was shown voting aye on the following bills: SB
1147, SB 1151, SB 1153, SB 1424, SB 1425 and SB 1426. Senator
Duncan was shown voting nay on the following bill: SB 1216.
There was no action taken on the following bills: SB 349 and SB
534.
There being no further business, at 5:03 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