MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, May 5, 1999
1:00 pm
Capitol Extension, Room E1.016
*****
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 Wednesday, May 5, 1999 in the Capitol
Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister None
Senator Robert Duncan
Senator Mike Jackson
Senator Jane Nelson
Senator Florence Shapiro
Senator Royce West
Senator John Whitmire
*****
The Chair called the meeting to order at 2:10 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
The Chair laid out SB 1885 and recognized the author, Senator
Shapleigh, to explain the bill.
Senator Jackson sent up Amendment 1 and moved adoption.
Without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that SB 1885, as amended, be reported
favorably 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 Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1723 and recognized Senator Shapiro, in
the absence of the Senate sponsor, to explain the bill.
There were no witnesses.
Senator Shapiro moved that HB 1723 be reported favorably 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.
Senators Duncan, Nelson and Whitmire requested unanimous
consent to be shown voting aye on HB 1723. There being no
objection, the motion prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 2593 and recognized Senator Shapiro, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 2593 be reported favorably 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.
Senators Duncan, Nelson and Whitmire requested unanimous
consent to be shown voting aye on HB 2593. There being no
objection, the motion prevailed.
The Chair laid out HB 912 and recognized Senator Jackson, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that HB 912 be reported favorably 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.
Senators Nelson, West and Whitmire requested unanimous consent
to be shown voting aye on HB 912. There being no objection,
the motion prevailed.
Senator Jackson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1603 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan moved that HB 1603 be reported favorably 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.
Senators Nelson, West, and Whitmire requested unanimous
consent to be shown voting aye on HB 1603. There being no
objection, the motion prevailed.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 681 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan moved that HB 681 be reported favorably 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.
Senators Nelson, West and Whitmire requested unanimous consent
to be shown voting aye on HB 681. There being no objection,
the motion prevailed.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 2617 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
At 4:50 pm Senator Nelson assumed the chair.
Senator Duncan sent up CSHB 2617 and Senator Harris explained
the difference between the bill and the substitute.
Senator Whitmire sent up Committee Amendment 1 and moved
adoption. There being no objection, the motion prevailed.
At 4:55 pm Senator Armbrister resumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro sent up Committee Amendment 2 and moved
adoption. There being no objection, the motion prevailed.
Senator Whitmire sent up Committee Amendment 3 and moved
adoption. There being no objection, the motion prevailed.
Senator Armbrister sent up Committee Amendment 4 and moved
adoption. There was objection to the adoption of the
amendment. The motion failed with the following record vote 2
ayes, 4 nays and 1 absent.
Senator Whitmire requested unanimous consent to incorporate
amendments into the committee substitute. Senator Whitmire
then moved that the new committee substitute be adopted.
Without objection, it was adopted. Senator Whitmire moved
that HB 2617 do not pass but that CSHB 2617 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.
Senator Duncan requested unanimous consent to be shown voting
aye on CSHB 2617. There being no objection, the motion
prevailed.
The Chair laid out HB 1112 and recognized the Senate sponsor,
Senator Ogden, to explain the bill.
There were no witnesses on this bill.
Senator Whitmire moved that HB 1112 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1112. There being no objection, the motion
prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1713 and recognized the Senate sponsor,
Senator Ogden, to explain the bill.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption. There being no objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that HB 1713, as amended, be reported
favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1713. There being no objection, the motion
prevailed.
The Chair laid out HB 1162 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
There were no witnesses on the bill.
Senator Nelson moved that HB 1162 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1162. There being no objection, the motion
prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 2925 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
Senator Armbrister sent up CSHB 2925 and moved adoption.
There being no objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that HB 2925 do not pass but that
CSHB 2925 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.
Senator Duncan requested unanimous consent to be shown voting
aye on CSHB 2925. There being no objection, the motion
prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator West assumed the chair at 6:35 pm.
The Chair laid out HB 424 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
Senator Armbrister sent up Committee Amendment 1 and moved
adoption. There being no objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that HB 424 , as amended, be reported
favorably 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.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 3294 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Armbrister moved that HB 3294 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 3294. There being no objection, the motion
prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 127 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Armbrister moved that HB 127 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 127. There being no objection, the motion
prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 128 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Armbrister moved that HB 128 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 128. There being no objection, the motion
prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1318 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Armbrister moved that HB 1318 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1318. There being no objection, the motion
prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1363 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Armbrister moved that HB 1363 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1363. There being no objection, the motion
prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1749 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that HB 1749 be reported favorably 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1749. There being no objection, the motion
prevailed.
Senator Armbrister resumed the chair at 6:55 pm.
Senator Jackson moved adoption of the minutes from April 28,
1999. There being no objection, the motion prevailed.
There being no further business, at 7:00 pm Senator Armbrister
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly C. Gilbert, Clerk