MINUTES 
                                      REVISED 
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Wednesday, April 11, 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, April 11, 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 1:25 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB1247 and recognized the author, Senator  
         Gallegos, Jr., to explain the bill.   
         Senator Whitmire 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator  
         Armbrister moved that SB1247 be left pending; without objection,  
         it was so ordered.   
          
         The chair laid out SB932 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 Moncrief moved  
         that SB932 do not pass but that CSSB932 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.  Senators  
         Bivins, Staples and West requested unanimous consent to be shown  
         voting aye on SB932, without objection it was so ordered. 
          
         The chair laid out SB110 and recognized Senator Moncrief, in the  
         absence of the author, to explain the bill.  There were no  
         witnesses on SB110.  Senator Armbrister moved that SB110 be left  
         pending; without objection, it was so ordered.  
          
         The chair laid out SB1531 and recognized Senator Moncrief, in  
         the absence of the author, to explain the bill.  Senator Cain's  
         staff person, Scott Clinton answered questions on 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  
         Armbrister moved that SB1531 be left pending; without objection,  
         it was so ordered.   
          
         The chair brought up SB103 from pending business.  Senator  
         Staples had previously sent up a committee substitute.  Senator  
         Staples moved to withdraw the substitute, without objection, it  
         was so ordered.  Senator Ogden sent up a  new committee  
         substitute; the chair explained 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. Senator Armbrister moved that SB103 be left pending  
         to await a quorum; without objection, it was so ordered. Senator  
         Ogden moved that SB103 do not pass but that CSSB103 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, 0 present not voting, and 1 absent.   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s):  SB1213 and HB 1600. 
          
         The chair laid out SB1213 and recognized Senator Moncrief, in  
         the absence of the author, 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 Armbrister moved  
         that SB1213 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Ogden moved that SB1213 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, 0 present not  
         voting, and 1 absent.  Senator Bivins moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 2:05 p.m. Senator Moncrief assumed the chair.   
          
         The chair laid out SB904 and recognized Senator Armbrister, in  
         the absence of the author, to explain the bill.  Senator  
  
         Armbrister sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator  
         Armbrister then moved that committee amendment 1 be rolled into  
         a 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.  
          
         At 2:20 p.m. Senator Armbrister resumed the chair.  
          
         Senator Moncrief moved that SB904 do not pass but that CSSB904  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 5 ayes, 0 nay, 1 present not voting, and 1 absent.   
          
         The chair laid out HB1600 and recognized the Senate sponsor,  
         Senator Van de Putte, 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 Armbrister moved that  
         HB1600 be left pending; without objection, it was so ordered.   
          
         The chair laid out SB977 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Moncrief sent up a  
         committee substitute; the chair recognized Senator Van de Putte  
         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 Armbrister moved that SB977 be left pending;  
         without objection, it was so ordered.   
          
         The chair brought up SJR25 from pending business.  Senator  
         Moncrief moved that SJR25 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 4 ayes, 3 nays, 0 present  
         not voting, and 0 absent.  Senators Bivins and Ogden requested  
         unanimous consent to be shown voting nay on SJR25, without  
         objection, it was so ordered. 
          
         The chair brought up SB680 from pending business.  Senator  
         Moncrief moved that SB680 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 4 ayes, 3 nays, 0 present  
         not voting, and 0 absent.  Senators Bivins and Ogden requested  
         unanimous consent to be shown voting nay on SB680, without  
         objection, it was so ordered. 
          
         The chair brought up SB85 from pending business.  Senator West  
         moved to withdraw previously offered committee substitutes A and  
         B, without objection, it was so ordered.  Senator West sent up a  
         new committee substitute; the chair recognized Senator  
         Armbrister to explain the difference between the committee  
         substitute and the bill as filed.  Senator Armbrister moved  
         adoption of the committee substitute; without objection, it was  
  
         so ordered.  Senator West moved that SB85 do not pass but that  
         CSSB85 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion failed by a record  
         vote of 2 ayes, 4 nays, 0 present not voting, and 1 absent.   
          
         At 4:30 p.m. Senator Bivins assumed the chair.   
          
         The chair laid out SB819 and recognized the author, Senator  
         Armbrister, 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 Armbrister moved that  
         SB819 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 1 nay, 0 present not  
         voting, and 1 absent.  Senator Ogden requested unanimous consent  
         to be shown voting aye on SB819, without objection, it was so  
         ordered.  Senator West requested unanimous consent to be shown  
         voting nay on SB819, with objection, it was so ordered. 
          
         At 4:40 p.m. Senator Armbrister resumed the chair.   
          
         The chair brought up SB850 from pending business.  Senator  
         Moncrief sent up a committee substitute; the chair recognized  
         Senator Barrientos to explain the difference between the  
         committee substitute and the bill as filed.  Senator West moved  
         that the previously closed testimony be rescinded, without  
         objection, it was so moved.  Chris Jones from CLEAT, who had  
         previously testified then answered questions from the committee.   
         Senator Moncrief moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator Moncrief moved  
         that SB850 do not pass but that CSSB850 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, 0  
         present not voting, and 1 absent.  Senator Whitmire requested  
         unanimous consent to be shown aye on SB850, without objection,  
         it was so ordered. 
          
         There being no further business, at 5:10 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 
          
         l