MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Tuesday, March 25, 1997 
                                    9:00 a.m. 
                         Capitol Extension, Room E1.012 
          
                                      ***** 
          
         Pursuant to a notice posted in accordance with Senate Rule  
         11.11, a public hearing of the Senate Committee on Criminal  
         Justice was held on Tuesday, March 25, 1997 in the Capitol  
         Extension, Room E1.012, at Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                    
         Senator Florence Shapiro 
         Senator Robert Duncan 
         Senator Jane Nelson 
         Senator Jerry Patterson 
         Senator Eliot Shapleigh 
         Senator Royce West 
          
                                      ***** 
          
         The Chair called the meeting to order at 9:10 a.m.  There  
         being a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         Senator Florence Shapiro 
          
         SB 143 by Harris 
          
         The Chair laid out SB 143 and recognized the author, Senator  
         Harris, to explain the bill. The Chair recognized Senator  
         Harris to explain the difference between the committee  
         substitute and the bill as  filed.  Testimony was taken on  
         CSSB 143. 
          
         Dave Garcia, representing Houston SPCA, registered in favor of  
         the bill but did not testify. 
          
         Robert L. Trimble, representing self, registered in favor of  
         the bill but did not testify. 
          
         Cathy Sisk, representing Harris County Attorney's Office,  
         registered in favor of the bill but did not testify. 
          
         James Bias, representing Humane Society of the United States,  
         registered in favor of the bill but did not testify. 
  
         Cile Halloway, representing self, registered in favor of the  
         bill but did not testify. 
          
         Diana Kantor, representing self, registered in favor of the  
         bill but did not testify. 
          
         Roxanna Nematollahi, representing self, registered in favor of  
         the bill but did not testify. 
          
         Mr. Coy Willis, representing Texas Animal Control Association,   
         submitted written testimony.  
          
         The Chair directed that the record reflect Senator Shapiro be  
         shown present. 
          
         Senator Shapleigh moved that SB 143 be reported favorably to  
         the full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 1  
         present not voting, and 0 absent.   
          
         Senator Shapleigh requested unanimous consent to certify the  
         bill for Local & Uncontested Calendar; without objection, it  
         was so ordered.   
          
         Senator Patterson moved that the vote to report SB 143  
         favorably be reconsidered because CSSB 143 was not adopted.  
         Without objection it was so ordered. Senator Patterson set up  
         the committee substitute for SB 143.  Senator Patterson moved  
         adoption of the committee substitute, without objection, it  
         was so ordered.  Senator Patterson moved that SB 143 do not  
         pass but that CSSB 143 be reported back to the full Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a vote of 6 ayes, 0 nays 1 present not  
         voting, and 0 absent. 
          
         Senator Patterson requested unanimous consent to certify the  
         bill for Local & Uncontested Calender; without objection, it  
         was so ordered. 
          
         SB 758 by Shapleigh 
          
         The Chair laid out SB 758 and recognized the author, Senator  
         Shapleigh, to explain the bill.   
          
         At 9:35 a.m. Senator Shapiro assumed the chair.   
          
         At 9:38 a.m. Senator Whitmire resumed the chair.   
         Bonnie Escobar, representing Greater El Paso Chamber of  
         Commerce, testified in favor of the bill. 
          
         Jose R. Rodriguez, representing El Paso County Attorney,  
         testified in favor of the bill. 
          
         Fred Beall, representing Walmart Stores Inc., testified in  
         favor of the bill. 
  
         Sharon Hill, representing Southwest Hardware & Farm Implement  
         Dealers Association, registered in favor of the bill but did  
         not testify. 
          
         Mickey Moore, representing Texas Retailers Association,  
         registered in favor of the bill but did not testify. 
          
         Hector Gutierrez, representing City of El Paso, registered in  
         favor of the bill but did not testify. 
          
         Phil Cates, representing Texas Paint Council, testified in  
         opposition to the bill. 
          
         Robert Hills, representing National Council to Prevent  
         Delinquency, testified in opposition to the bill. 
          
         Senator Duncan moved that SB 758 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 7 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         SB 381 by Shapiro 
          
         The Chair laid out SB 381 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Senator Shapiro sent up a committee substitute; the Chair  
         recognized Senator Shapiro to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Shapiro moved adoption of the committee substitute, without  
         objection, it was so ordered. 
          
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Ken Anderson, representing self, testified on the bill. 
          
         David Weeks, representing  Walker County District Attorney and  
         Texas District and County Attorneys Association, testified on  
         the bill. 
          
         Senator Shapiro requested unanimous consent to incorporate  
         amendments into the committee substitute; without objection,  
         it was so ordered. 
          
         Senator Shapiro moved that SB 381 do not pass but that CSSB  
         381with incorporated amendments be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a vote of 6 ayes, 0 nays,  0 present not  
         voting, and 0 absent. 
          
         The Chair requested unanimous consent to show  Senator West  
         present not voting on CSSB 381,  pursuant to Senator West's  
         written request.  This was granted without objection.     
          
         The final vote on CSSB 381 with incorporated amendments was 6  
         ayes, 0 nays, 1 present not voting, and 0 absent. 
          
         At 10:20 a.m. Senator Shapiro assumed the chair.   
          
         SB 663 by Whitmire 
          
         The Chair laid out SB 663 and recognized the author, Senator  
         Whitmire, to explain the bill.   
          
         Senator Whitmire sent up a committee substitute; the Chair  
         recognized Senator Whitmire to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Whitmire moved adoption of the committee substitute, without  
         objection, it was so ordered. 
          
         Tony Fabelo, representing Criminal Justice Policy Council,  
         testified on the bill. 
          
         Ken Anderson, representing self, testified on the bill. 
          
         David Weeks, representing Texas District & County Attorneys  
         Association, testified on the bill. 
          
         Judge Larry Gist, representing Judicial Advisory Council,  
         testified in favor of the bill. 
          
         Sherri Wallace, representing John Vance, Dallas County  
         Criminal District Attorney, testified in favor of the bill. 
          
         Nicki Murchison, representing Greater Dallas Crime Commission,  
         testified in favor of the bill. 
          
         Senator Patterson moved that SB 663 do not pass but that CSSB  
         663 be reported back to the Senate with the recommendation  
         that it do pass and be printed. The motion carried with a vote  
         of 7 ayes, 0 nays, 0 present not voting, and 0 absent.   
          
         At 10:44 a.m. Senator Whitmire resumed the chair.   
          
         There being no further business, at 10:45 a.m. Senator  
         Whitmire moved that the Committee stand recessed subject to  
         the call of the Chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator John Whitmire, Chair 
          
         ______________________ 
         Laura Appelt, Clerk