MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Thursday, April 17, 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 Thursday, April 17, 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 9:05 am. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Duncan
Senator Patterson
Senator Shapleigh
Senator West
SB 703 by Nelson
The Chair laid out SB 703 and recognized the author, Senator
Nelson, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Nelson 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 Nelson moved that SB 703 do not pass but that CSSB 703
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, 0 nays, 0 present not voting, and 0 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senators Duncan, Shapiro, and West requested unanimous consent
to be shown voting aye on SB 703, without objection it was so
ordered.
The final vote on SB 703 was 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
SB 873 by Shapiro
The Chair laid out SB 873 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nelson moved that SB 873 do not pass but that CSSB 873
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, 0 nays, 0 present not voting, and 0 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senators Duncan, Shapiro, and West requested unanimous consent
to be shown voting aye on SB 873, without objection it was so
ordered.
The final vote on SB 873 was 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
SB 881 by Brown
The Chair laid out SB 881 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nelson moved that SB 881 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 0 absent.
Senators Duncan and Shapiro requested unanimous consent to be
shown voting aye on SB 881, without objection it was so
ordered.
Senator West requested unanimous consent to be shown voting
nay on SB 881, without objection it was so ordered.
The final vote on SB 881 was 6 ayes, 1 nay, 0 present not
voting, and 0 absent.
SB 559 by Truan
The Chair laid out SB 559 and recognized the author, Senator
Truan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nelson moved that SB 559 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.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 9:23 am Senator Patterson assumed the chair.
SB 1609 by Whitmire
The Chair laid out SB 1609 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 1609 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.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
SB 1610 by Whitmire
The Chair laid out SB 1610 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 1610 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.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 9:29 am Senator Whitmire resumed the chair.
SB 1738 by Armbrister
The Chair laid out SB 1738 and recognized the author, Senator
Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
SB 1738 was left pending.
SB 1120 by Armbrister
The Chair laid out SB 1120 and recognized the author, Senator
Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
SB 1120 was left pending.
At 9:45 am Senator Shapleigh assumed the chair.
SB 1611 by Whitmire
The Chair laid out SB 1611 and recognized the author, Senator
Whitmire, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 9:55 am Senator Whitmire announced that the Committee stand
recessed until 1:30 pm.
The Committee reconvened at 1:30 pm.
At 1:32 pm Senator Patterson assumed the chair.
SB 1611 by Whitmire (Continued)
Senator Whitmire sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Whitmire sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Whitmire moved that SB 1611, 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 6 ayes, 0 nays,
0 present not voting, and 1 absent.
SB 119 by Ellis
The Chair laid out SB 119 and recognized Senator Patterson, in
the absence of the author, to explain the bill.
Senator Patterson sent up a committee substitute; the Chair
recognized Senator Patterson 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.
Senator Shapiro moved that SB 119 do not pass but that CSSB
119 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 2 absent.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
SB 1523 by Lucio
The Chair laid out SB 1523 (Posting Rule Suspended) and
recognized the author, Senator Lucio, Jr., to explain the
bill.
Senator Whitmire sent up a committee substitute; the Chair
recognized Senator Lucio, Jr. 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.
SB 1523 was left pending.
There being no further business, at 1:57 pm Senator Whitmire
announced 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