MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                               Wednesday, May 9, 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 9, 2001, in the Capitol  
         Extension, Room E1.028, 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 3:00 p.m.  There  
         being a quorum present, the following business was transacted:   
          
         The chair laid out HB396 and recognized the Senate sponsor,  
         Senator Gallegos, Jr., 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 HB396 be left pending to await a quorum; without objection,  
         it was so ordered.   
          
         At 3:10 p.m. Senator Armbrister assumed the chair.   
          
         Senator Moncrief moved that HB396 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 Bivins requested  
         unanimous consent to be shown voting aye on HB396, without  
         objection, it was so ordered. 
          
         The chair laid out HB5 and recognized the Senate sponsor,  
         Senator Nelson, 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 HB5  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Moncrief moved that  
  
         HB5 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 Whitmire and Bivins requested unanimous consent to be  
         shown voting aye on HB5, without objection, it was so ordered. 
          
         The chair laid out HB1758 and recognized the Senate sponsor,  
         Senator Moncrief, 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  
         HB1758 be left pending to await a quorum; without objection, it  
         was so ordered.   Senator Moncrief moved that HB1758 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 HB1758, without objection, it was so ordered. 
          
         The chair laid out HB2250 and recognized the Senate sponsor,  
         Senator Moncrief, 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  
         HB2250 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Moncrief  
         moved that HB2250 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 HB2250, without objection, it  
         was so ordered. 
          
         The chair laid out HB3491 and recognized the Senate sponsor,  
         Senator Moncrief, 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  
         HB3491 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Moncrief  
         moved that HB3491 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 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 HB3491, without  
         objection, it was so ordered. 
          
         The chair brought up HB805 from pending business.   
          
         The chair laid out HB805 and recognized the Senate sponsor,  
         Senator Brown, to explain the bill.   
  
         The chair 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 moved that HB805 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Moncrief moved that HB805 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  Senator Ogden requested that the vote be  
         held open for 30 minutes, without objection, it was so ordered.   
         The motion to report HB805 carried with a record vote of 4 ayes,  
         0 nay, 0 present not voting, and 3 absent.   
          
         The chair laid out HB156 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.  There were no witnesses  
         on HB156.  Senator Moncrief moved that HB156 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 Bivins  
         requested unanimous consent to be shown voting aye on HB156,  
         without objection, it was so ordered. 
          
         The chair laid out HB2987 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  
         HB2987 be left pending to await a quorum; without objection, it  
         was so ordered.    Senator West moved that HB2987 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, 1 nay, 0 present not voting, and 2 absent.   
          
         The chair laid out HB1287 and recognized the Senate sponsor,  
         Senator Whitmire, to explain the bill.  Senator Whitmire sent up  
         a committee substitute; the chair recognized Senator Whitmire 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  
         Armbrister moved that HB1287 be left pending to await a quorum;  
         without objection, it was so ordered.  Senator Whitmire moved  
         that HB1287 do not pass but that CSHB1287 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 West 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  
         for HB1287, without objection, it was so ordered. 
          
         The chair laid out HB3664 and recognized the Senate sponsor,  
         Senator Whitmire, to explain the bill.  There were no witnesses  
         on HB3664.  Senator Armbrister moved that HB3664 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator West moved that HB3664 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 West 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 HB3664, without objection, it was so ordered. 
          
         The chair laid out HB3185 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 Armbrister moved that  
         HB3185 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Whitmire  
         moved that HB3185 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 Whitmire moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 5:10 p.m. Senator West assumed the chair.  
          
         The chair laid out HB2784 and recognized Senator Armbrister, 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 West  
         moved that HB2784 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         West moved that HB2784 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 West 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 HB2784, without  
         objection, it was so ordered. 
          
         At 5:15 p.m. Senator Armbrister resumed the chair.    
          
         The chair laid out HB940 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  
         HB940 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator West moved  
         that HB940 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 West 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 HB940, without  
         objection, it was so ordered. 
          
         The chair laid out HB2991 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  
         HB2991 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator West moved  
         that HB2991 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 West 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 HB2991, without  
         objection, it was so ordered. 
          
         At 5:25 p.m. Senator West assumed the chair.   
          
         The chair laid out HB131 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 West moved that HB131 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Whitmire moved that  
         HB131 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.  Senator Bivins requested  
         unanimous consent to be shown voting aye on HB131, without  
         objection, it was so ordered. 
          
         The chair laid out HB1762 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 West moved that HB1762 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Moncrief moved that  
         HB1762 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 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 HB1762, without  
         objection, it was so ordered. 
          
         The chair laid out HB2179 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 West moved that HB2179 be  
         left pending to await a quorum; without objection, it was so  
         ordered.   Senator Moncrief moved that HB2179 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 West  
         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 HB2179, without objection, it was so ordered. 
          
         The chair laid out HB2881 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 West moved that HB2881 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Moncrief moved that  
         HB2881 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 moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB3149 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 HB1415 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 West moved that HB1415 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Whitmire moved that  
         HB1415 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 Bivins requested unanimous consent to be shown  
         voting aye on HB1415, without objection, it was so ordered. 
          
         At 5:45 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB73 and recognized the Senate sponsor,  
         Senator West, to explain the bill.  There were no witnesses on  
         HB73.  Senator West moved that HB73 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 West 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 HB73,  
         without objection, it was so ordered. 
          
         The chair brought up SB1724 from pending business.  The  
         committee substitute for SB1724 had been previously adopted.   
         Senator Moncrief moved that SB1724 do not pass but that CSSB1724  
         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 SB1724, without objection, it was so ordered. 
          
         The chair brought up HB598 from pending business.  Committee  
         Amendment 1 had been previously adopted. Senator Moncrief moved  
         that HB598 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  Senator Moncrief  
         moved that the vote for HB598 be held open for 30 minutes,  
         without objection, it was so ordered.  The motion to report  
         HB598 then carried with a record vote of 4 ayes, 0 nay, 0  
         present not voting, and 3 absent.   
         Senator Bivins 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 7:15 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