MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Wednesday, April 25, 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 25, 2001, in the Capitol  
         Extension, Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              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 3:00 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB1807 and recognized the author, Senator  
         Ogden, 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 Ogden moved that SB1807  
         be reported favorably 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 Ogden moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   Senators Bivins and West requested unanimous  
         consent to be shown voting aye on SB1807, without objection, it  
         was so ordered. 
          
         The chair laid out SB1312 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.  Senator Staples 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 SB1312 be left pending to await a quorum; without  
  
         objection, it was so ordered.  Senator Staples moved that SB1312  
         do not pass but that CSSB1312 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 requested unanimous  
         consent to be shown voting aye on SB1312, without objection, it  
         was so ordered. 
          
         At 3:15 p.m. Senator Ogden assumed the chair.   
          
         The chair laid out SB1313 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.  Senator Staples moved adoption of the committee  
         substitute; without objection, it was so ordered.   
          
         At 3:30 p.m. Senator Armbrister resumed 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.  Senator  
         Armbrister moved that SB1313 be left pending. 
          
         Senator Ogden moved to table SB106 and hear the companion bill,  
         HB139, without objection, it was so ordered. The chair laid out  
         HB139 and recognized the Senate sponsor, Senator Cain, to  
         explain the bill.  There were no witnesses on HB139.  Senator  
         Moncrief moved that HB139 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, 0 nay, 0 present  
         not voting, and 2 absent.  Senators Ogden requested unanimous  
         consent to be shown voting aye on HB139, without objection, it  
         was so ordered. 
          
         The chair laid out SB1724 and recognized the author, Senator  
         Cain, to explain the bill.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Cain 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 SB1724 be left pending; without  
         objection, it was so ordered.   
            
         The chair laid out SB786 and recognized the author, Senator  
         Barrientos, 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  
         SB786 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Moncrief  
         moved that SB786 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 requested unanimous  
         consent to be shown voting aye on SB786. 
          
         The chair laid out HB261 and recognized Senator Moncrief, in the  
         absence of the Senate sponsor, 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 HB261 be reported favorably 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 Moncrief moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.  Senator Bivins requested  
         unanimous consent to be shown voting aye on HB261, without  
         objection, it was so ordered. 
          
         At 5:10 p.m. Senator Moncrief assumed the chair.   
          
         The chair brought up SB455 from pending business. Senator  
         Armbrister moved to re-open public testimony, 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 sent up a 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 Armbrister moved that  
         SB455  be left pending to await a quorum; without objection, it  
         was so ordered.  Senator Moncrief moved that SB455 do not pass  
         but that CSSB455  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, 0 present not  
         voting, and 2 absent.  Senator Moncrief moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.  Senator Bivins requested  
         unanimous consent to be shown voting aye on SB455, without  
         objection, it was so ordered. 
         The chair laid out HB780 and recognized the Senate sponsor,  
         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 Moncrief moved that HB780  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Moncrief moved that  
         HB780 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 requested unanimous consent to be shown  
         voting aye on HB780, without objection, it was so ordered. 
          
         The chair laid out HB772 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill. Senator Armbrister sent  
         up a committee substitute; the chair recognized Senator  
  
         Armbrister to explain the difference between the committee  
         substitute and the bill as filed. Senator Armbrister sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted. Senator Moncrief requested unanimous  
         consent to incorporate amendments into 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 then moved that  
         the new committee substitute be adopted; without objection, it  
         was so ordered.  Senator Moncrief moved that HB772 do not pass  
         but that CSHB772 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. 
          
         At 5:45 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB1739 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  
         HB1739 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Moncrief  
         moved that HB1739 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 requested unanimous  
         consent to be shown voting aye on HB1739, without objection, it  
         was so ordered. 
         At 6:15 p.m. Senator West assumed the chair.   
          
         The chair laid out SB1665 and recognized the author, Senator  
         Armbrister, to explain the bill. Senator Armbrister sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  The bill was left pending at the request  
         of the author. 
          
         The chair brought up SB1120 from pending business.  Committee  
         Amendments 1 and 2 had previously been adopted.  Senator West  
         requested unanimous consent to incorporate amendments into the  
         committee substitute; without objection, it was so ordered.   
         Senator Armbrister sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         West withdrew his previous motion to incorporate the amendments  
         into the committee substitute, without objection, it was so  
         ordered. Senator West requested unanimous consent to incorporate  
         amendments into the committee substitute; without objection, it  
         was so ordered.  Senator West then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Moncrief moved that SB1120 do not pass but that CSSB1120  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 4 ayes, 0 nay, 0 present not voting, and 3 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 SB1347 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.  The bill was left pending at the  
         request of the author. 
          
         At 6:45 p.m. Senator Armbrister resumed the chair.   
          
         The chair brought up HB1600 from pending business.  Senator West  
         sent up a committee substitute; the chair recognized Senator  
         West to explain the difference between the committee substitute  
         and the bill as filed.  Senator West moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator West moved that HB1600 do not pass but that CSHB1600 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  
         requested unanimous consent to be shown voting aye on HB1600,  
         without objection, it was so ordered. 
          
         The chair brought up SB110 from pending business.  Senator  
         Moncrief moved that SB110 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, 0 nay, 1 present  
         not voting, and 1 absent.  Senator Bivins requested unanimous  
         consent to be shown voting aye on SB110. 
          
         The chair brought up SB402 from pending business.  Senator  
         Moncrief  moved to withdraw the previously offered committee  
         substitute, without objection, it was so ordered. Senator  
         Moncrief sent up a new committee substitute; the chair  
         recognized Senator Moncrief to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Moncrief moved adoption of the committee substitute; without  
         objection, it was so ordered.  The bill was left pending. 
          
         The chair brought up SB1367 from pending business.  Senator  
         Moncrief sent up a committee substitute; the chair recognized  
         Senator Moncrief to explain the difference between the committee  
         substitute and the bill as filed.  Senator Moncrief moved  
         adoption of the committee substitute; 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 roll the  
         amendments into a committee substitute; without objection, it  
         was so ordered.  Senator Staples then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Staples moved that SB1367 do not pass but that CSSB1367  
         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, 0 present not voting, and 2 absent.  Senator  
         Bivins requested unanimous consent to be shown voting aye on  
         SB1367, without objection, it was so ordered. 
          
         There being no further business, at 7:30 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