MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, April 15, 1997
9:00 am
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, April 15, 1997 in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire Senator Robert Duncan
Senator Florence Shapiro
Senator Jane Nelson
Senator Jerry Patterson
Senator Eliot Shapleigh
Senator Royce West
*****
The Chair called the meeting to order at 9:05 am. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Florence Shapiro
Senator Royce West
SB 367 by Brown
The Chair laid out SB 367 and recognized the author, Senator
Brown, to explain the bill.
Senator Whitmire sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed. Without objection
the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nelson moved that SB 367 do not pass but that CSSB 367
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 1 absent.
At 9:40 am Senator Shapiro assumed the chair.
SB 1010 by Whitmire
The Chair laid out SB 1010 and recognized the author, Senator
Whitmire, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Whitmire moved that SB 1010 be reported favorably 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, 0
present not voting, and 1 absent.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 9:50 am Senator Whitmire resumed the chair.
SB 80 by Ellis
The Chair recognized Senator Patterson for a motion to take up
SB 80, which was previously left pending.
Senator Patterson sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator West moved that SB 80, as amended, be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 2 nays, 0
present not voting, and 1 absent.
SB 1546 by Ogden
The Chair laid out SB 1546 and recognized the author, Senator
Ogden, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Ogden to explain the difference between the
committee substitute and the bill as filed. Senator Nelson
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.
Senator Shapiro moved that SB 1546 do not pass but that CSSB
1546 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 1 absent.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
SB 1676 by Barrientos
The Chair laid out SB 1676 and recognized the author, Senator
Barrientos, to explain the bill.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro moved that SB 1676, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 5 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair requested unanimous consent to show Senator Nelson
voting aye on SB 1676 pursuant to written request. This was
granted without objection.
The final vote on SB 1676 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
SB 108 by Cain
The Chair laid out SB 108 and recognized Senator Shapiro, in
the absence of the author, 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
SB 108 was left pending.
SB 531 by Cain
The Chair laid out SB 531 and recognized Senator Shapiro, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro moved that SB 531 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair requested unanimous consent to show Senator Nelson
voting aye on SB 531 pursuant to written request. This was
granted without objection.
The final vote on SB 531 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
SB 810 by Barrientos
The Chair laid out SB 810 and recognized the author, Senator
Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator West moved that SB 810 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, 0
present not voting, and 3 absent.
SB 1827 by Shapleigh
The Chair laid out SB 1827 and recognized the author, Senator
Shapleigh, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Shapleigh to explain the difference between
the committee substitute and the bill as filed. Senator
Shapleigh 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.
SB 1827 was left pending.
SB 322 by Armbrister
The Chair recognized Senator Nelson for a motion to take a
vote on SB 322, which was left pending from the previous
hearing.
Senator Nelson moved that SB 322 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, 0
present not voting, and 3 absent.
No action was taken on SB 1009
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
There being no further business, at 10:55 am Senator Whitmire
announced that the Committee stand recessed subject to the
call of the Chair.
______________________
Senator John Whitmire, Chair
______________________
Laura Appelt, Clerk