MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                                Tuesday, May 8, 2001 
                                     1:00 p.m. 
                           Capitol Extension, Room E1.012 
                                           
                                       ***** 
                                           
         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 Tuesday, May 8, 2001, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Todd Staples 
         Senator John Whitmire 
         Senator Teel Bivins 
         Senator Mike Moncrief 
         Senator Steve Ogden 
         Senator Royce West 
                                           
                                       ***** 
                                           
         Senator Moncrief  called the meeting to order at 2:55 p.m.   
         There being a quorum present, the following business was  
         transacted:   
          
         The chair laid out HB598 and recognized the Senate sponsor,  
         Senator Harris, 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 Moncrief moved that HB598 be left pending;  
         without objection, it was so ordered.   
          
         Senator Moncrief moved that the committee stand at ease, without  
         objection it was so ordered. 
         The meeting resumed at 3:00 p.m. 
          
         The chair laid out HB232 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.  The bill was left pending. 
          
         The chair laid out HB1126 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 Armbrister moved that  
         HB1126 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Moncrief  
         moved that HB1126 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 West requested  
         unanimous consent to be shown voting aye on HB1126, without  
         objection, it was so ordered. 
          
         At 3:45 p.m. Senator Armbrister resumed the chair.   
          
         The chair brought up SB1724 from pending business.  Senator  
         Ogden had previously sent up a committee substitute on 4/25/01.   
         Senator Moncrief moved adoption of the committee substitute,  
         without objection, it was so ordered.  Senator Moncrief sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Moncrief requested unanimous  
         consent to incorporate the amendment into the committee  
         substitute; without objection, it was so ordered.  The bill was  
         left pending. 
          
         The chair laid out HB510 and recognized the Senate sponsor,  
         Senator West, to explain the bill.  There were no witnesses on  
         this bill.  Senator Armbrister moved that HB510 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Moncrief moved that HB510 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 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 HB510, without objection, it was so ordered. 
          
         The chair laid out HB73 and recognized the Senate sponsor,  
         Senator West, to explain the bill.   
         There were no witnesses on this bill.  Senator Armbrister moved  
         that HB73 be left pending; without objection, it was so ordered.   
          
         The chair laid out HB1541 and recognized the Senate sponsor,  
         Senator West, 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 HB1541 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Whitmire moved that HB1541 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 West requested  
  
         unanimous consent to be shown voting aye on HB1541, without  
         objection, it was so ordered. 
          
         At 3:55 p.m. Senator West assumed the chair.   
          
         At 4:00 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB171 and recognized the Senate sponsor,  
         Senator Nelson, to explain the bill.   
         Senator West sent up a committee substitute; the chair  
         recognized Senator Nelson to explain the difference between the  
         committee substitute and the bill as filed.  Senator Whitmire  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator West sent up Committee Amendment 1  
         and moved adoption; without objection, the amendment was  
         adopted.  Senator Whitmire 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 Whitmire then moved that  
         the new committee substitute be adopted; without objection, it  
         was so ordered.  Senator Whitmire moved that HB171 do not pass  
         but that CSHB171 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.  Senators Bivins and West requested  
         unanimous consent to be shown voting aye on HB171, without  
         objection, it was so ordered. 
          
         At 4:25 p.m. Senator West assumed the chair.   
          
         At 4:30 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB84 and recognized the Senate sponsor,  
         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  
         Armbrister moved that HB84 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Ogden moved that HB84 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 Ogden moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.  Senator West requested  
         unanimous consent to be shown voting aye on HB84, without  
         objection, it was so ordered. 
          
         The chair laid out HB1323 and recognized Senator West, in the  
         absence of the Senate sponsor, to explain the bill.  Senator  
         West sent up a committee substitute; the chair recognized Jason  
  
         Johnson 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. 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 HB1323 do not pass but that CSHB1323 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.    Senators  
         Bivins and West requested unanimous consent to be shown voting  
         aye on HB1323, without objection, it was so ordered. 
          
         At 4:50 p.m. Senator West assumed the chair.   
          
         The chair laid out HB223 and recognized the Senate sponsor,  
         Senator Bernsen, 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. 
          
         The chair laid out HB1659 and recognized Senator Whitmire, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         Whitmire sent up a committee substitute; the chair recognized  
         Jason Johnson to explain the difference between the committee  
         substitute and the bill as filed.  Senator Whitmire 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 HB1659 do not pass but that CSHB1659  
         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 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 HB1659, without objection, it was so  
         ordered. 
          
         The chair laid out HB1658 and recognized Senator Whitmire, 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 Whitmire  
         moved that HB1658 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 Whitmire 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 HB1658,  
         without objection, it was so ordered. 
          
         The chair laid out HB805 and recognized Senator Whitmire, 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.  The bill was left  
         pending. 
          
         At 5:25 p.m. Senator Armbrister resumed the chair.    
          
         The chair brought up HB236 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 Whitmire 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.  Senator Moncrief then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Moncrief moved that HB236 do not pass but that  
         CSHB236 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, 1 nay, 0 present not voting, and 2  
         absent.   
          
         The chair laid out HB1680 and recognized the Senate sponsor,  
         Senator Whitmire, 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 Whitmire moved that  
         HB1680 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 Whitmire 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 HB1680,  
         without objection, it was so ordered. 
          
         At 6:30 p.m. Senator Whitmire assumed the chair.   
          
         The chair laid out HB335 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 HB335  
         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.  Senators Bivins and West  
         requested unanimous consent to be shown voting aye on HB335,  
         without objection, it was so ordered. 
          
         At 6:35 p.m. Senator Armbrister resumed the chair.   
          
         There being no further business, at 7:24 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