MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Tuesday, April 22, 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 22, 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 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 West 
          
         SB 1011 by Madla 
         The Chair laid out SB 1011 and recognized the author, Senator  
         Madla, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Pursuant to the request of the author, SB 1011 was left  
         pending. 
          
         SB 919 by Moncrief 
         The Chair laid out SB 919 and recognized the author, Senator  
         Moncrief, to explain the bill.   
          
         Senator Shapleigh sent up a committee substitute; the Chair  
         recognized Senator Moncrief 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.   
          
         Senator Shapiro moved that SB 919 do not pass but that CSSB  
         919 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 1 absent.   
          
         Senator Shapleigh moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senators West and Duncan requested unanimous consent to be  
         shown voting aye on SB 919, without objection it was so  
         ordered. 
          
         The final vote on SB 919 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         SB 1728 by West 
         The Chair laid out SB 1728 and recognized the author, Senator  
         West, to explain the bill.   
          
         Senator West 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 West moved that SB 1728, 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, 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.   
          
         Senators Duncan and Shapleigh requested unanimous consent to  
         be shown voting aye on SB 1728, without objection it was so  
         ordered. 
          
         The final vote on SB 1728 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         SB 50 by Shapiro 
         The Chair laid out SB 50 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         The Chair called for public testimony, there being none,  
         public testimony was closed. 
          
         Senator Shapiro moved that SB 50 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 1 absent.   
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senators Duncan and Shapleigh requested unanimous consent to  
         be shown voting aye on SB 50, without objection it was so  
         ordered. 
          
         The final vote on SB 50 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
          SB 548 by Shapiro 
         The Chair laid out SB 548 and recognized the author, Senator  
         Shapiro, 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 548, 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.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on SB 548, without objection it was so ordered. 
          
         The final vote on SB 548 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         SB 1886 by Shapleigh 
         The Chair laid out SB 1886 and recognized Senator West to  
         explain the bill. (Senator Shapleigh returned to the meeting.)  
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator West moved that SB 1886 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 Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         SB 612 by Harris 
         The Chair laid out SB 612 and recognized the author, Senator  
         Harris, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         SB 612 was left pending. 
          
         At 9:40 am Senator Shapiro assumed the chair.   
          
         SB 1120 by Armbrister 
         The Chair recognized Senator Whitmire for an amendment to SB  
         1120, which was left pending from the previous hearing. 
          
         Senator Whitmire sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Whitmire moved that SB 1120, 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 Shapleigh requested unanimous consent to be shown  
         voting aye on SB 1120, without objection it was so ordered. 
          
         The final vote on SB 1120 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         At 9:45 Senator Whitmire resumed the chair. 
         SB 279 by Patterson 
         The Chair laid out SB 279 and recognized 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.   
          
         (Senator Patterson arrived) 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         SB 279 was left pending. 
          
         No action was taken on the following bills:   
         SB 108 
         SB 995 
         SB 1523 
  
         SB 1738 
         SB 1827 
          
         There being no further business, at 9:55 am 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