MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                            Wednesday, February 28, 2001 
                                     1:00 p.m. 
                           Capitol Extension, Room E1.028 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Criminal  
         Justice was held on Wednesday, February 28, 2001, in the Capitol  
         Extension, Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              None 
         Senator John Whitmire 
         Senator Teel Bivins 
         Senator Mike Moncrief 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Royce West 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:15 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB661 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Carona to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ogden 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Armbrister moved that SB661 be left pending to await a  
         quorum; without objection, it was so ordered.  Senator Moncrief  
         moved that SB661 do not pass but that CSSB661 be reported back  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 7 ayes, 0  
         nay, 0 present not voting, and 0 absent.   
          
         Senator Moncrief moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out SB671 and recognized the author, Senator  
  
         Jackson, to explain the bill.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Jackson to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ogden 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.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.   
          
         Senator Moncrief moved that SB671 do not pass but that CSSB671  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator  
         Moncrief moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Staples requested unanimous consent to be shown voting  
         aye on SB671, without objection, it was so ordered. 
          
         The chair laid out SB437 and recognized the author, Senator  
         Staples, to explain the bill.   
         Senator Staples sent up a committee substitute; the chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.  
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Staples sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Staples requested unanimous consent to incorporate the amendment  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Staples moved that SB437 do not pass but that  
         CSSB437 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 6 ayes, 0 nay, 1 present not voting, and 0  
         absent.   
          
         The chair laid out SB577 and recognized the author, Senator  
         Bivins, to explain the bill.  Senator Bivins sent up a committee  
         substitute; the chair recognized Senator Bivins to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Bivins 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Bivins moved that SB577 do not pass but that CSSB577 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
         ayes, 1 nay, 0 present not voting, and 0 absent.   
  
         Senator Ogden requested unanimous consent to be shown voting aye  
         on SB 577, without objection, it was so ordered. 
          
         The chair laid out SB340 and recognized the author, Senator  
         Haywood, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Moncrief moved that SB340  
         be reported favorably to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.   
          
         Senator Moncrief moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senators Ogden and Whitmire requested unanimous consent to be  
         shown voting aye on SB 340, without objection, it was so  
         ordered. 
          
         The Chair brought up SB 494 from pending business.  Senator West  
         raised a point of order which led to a parliamentary inquiry  
         about SB 494 having to be listed as pending business on the  
         agenda for a vote to occur.   After checking with the Senate  
         Parliamentarian, the Chair ruled that the bill could be voted  
         upon by a motion  because SB 494 had been  properly posted and  
         heard at a prior hearing.  Senator Armbrister moved that SB340  
         be left pending; without objection, it was so ordered.   
          
         At 4:30 p.m. Senator Whitmire assumed the chair.   
          
         The chair laid out SB89 and recognized the author, Senator  
         Nelson, to explain the bill.  Senator Bivins sent up a committee  
         substitute. Senator Bivins then withdrew the committee  
         substitute and without objection the substitute was withdrawn.   
         Senator Staples sent up a committee substitute; the chair  
         recognized Senator Nelson to explain the difference between the  
         committee substitute and the bill as filed.  
          
         At 5:15 p.m. Senator Bivins assumed the chair.    
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  
          
         At 5:20 p.m. Senator Armbrister resumed the chair.   
          
         At the request of the author, Senator Armbrister moved that SB89  
         be left pending;  without objection, it was so ordered.   
          
         There being no further business, at 5:40 p.m. 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