MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                               Wednesday, May 2, 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, May 2, 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 4:45 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         James Austin, Ph.D., Research Professor, George Washington  
         University presented the Texas Department of Criminal Justice  
         Prisoner Classification System Assessment.  Questions by the  
         members followed the presentation. 
          
         The chair laid out HB587 and recognized the Senate sponsor,  
         Senator Ellis, 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  
         HB587 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator West moved  
         that HB587 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, 1 nay, 0 present not  
         voting, and 1 absent.   
          
         At 6:20 p.m. Senator Whitmire assumed the chair.   
          
         At 6:45 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB236 and recognized the Senate sponsor,  
         Senator Ellis, to explain the bill.  Senator Moncrief sent up a  
         committee substitute; the chair recognized Senator Ellis 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 HB236 be left pending; without  
         objection, it was so ordered.   
          
         At 8:30 p.m. Senator Bivins assumed the chair.   
          
         At 8:40 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB1314 and recognized the Senate sponsor,  
         Senator Staples, 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 Staples moved that HB1314  
         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.   
         Senator Staples moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.  Senator Whitmire requested unanimous consent to be  
         shown voting aye on HB1314. 
          
         The chair laid out SB1701 and recognized the author, Senator  
         Staples, to explain the bill. Senator Staples 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 Staples requested unanimous consent to incorporate the  
         amendment into the committee substitute; without objection, it  
         was so ordered.  Senator Staples then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Staples moved that SB1701 do not pass but that  
         CSSB1701 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 Staples moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         At 9:00 p.m. Senator Bivins assumed the chair.   
          
         The chair laid out SB1453 and recognized Senator Armbrister, in  
         the absence of the author, to explain the bill.   There were no  
         witnesses on the bill. Senator Bivins moved that SB1453 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Moncrief moved that SB1453 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, 1 nay, 0 present not voting, and 1 absent.  Senator  
         Whitmire requested unanimous consent to be shown voting aye on  
         SB1453, without objection, it was so ordered. 
          
         The chair laid out HB2494 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  There were no  
         witnesses on 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 moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Bivins moved that HB2494 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Moncrief moved that HB2494 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 Ogden moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.  Senators  
         Whitmire and West requested unanimous consent to be shown voting  
         aye on HB2494, without objection, it was so ordered. 
          
         The chair laid out HB2663 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 Bivins moved that HB2663  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples moved that  
         HB2663 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 Staples moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.  Senators Whitmire and West  
         requested unanimous consent to be shown voting aye on HB2663,  
         without objection, it was so ordered. 
         At 9:10 p.m. Senator Armbrister resumed the chair.   
          
         The chair brought up SB1531 from pending business.  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 a  
         committee substitute; without objection, it was so ordered.   
         Senator Staples then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.  Senator Staples  
         moved that SB1531 do not pass but that CSSB1531 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 Staples moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         There being no further business, at 9:25 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