MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Wednesday, April 6, 2005 
                           1:30 p.m. or upon adjournment 
                           Capitol Extension, Room E1.036 
                                           
                                       ***** 
                                           
         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 6, 2005, in the Capitol  
         Extension, Room E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   None 
         Senator Kel Seliger 
         Senator John Carona 
         Senator Rodney Ellis 
         Senator Juan Hinojosa 
         Senator Steve Ogden 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:55 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 326 and recognized the author, Senator  
         Zaffirini, to explain the bill.  Senator Hinojosa sent up a  
         committee substitute; the chair recognized Senator Zaffirini to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Hinojosa 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 Carona moved that SB 326 do not pass but that CSSB 326  
         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  
         Hinojosa moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 327 and recognized the author, Senator  
         Zaffirini, to explain the bill.  Senator Hinojosa sent up a  
         committee substitute; the chair recognized Senator Zaffirini to  
         explain the difference between the committee substitute and the  
  
         bill as filed.  Senator Hinojosa 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 Hinojosa moved that SB 327 do not pass but that CSSB 327  
         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  
         Hinojosa moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The Chair brought up CSSB 122, which was left pending at a  
         previous hearing.   Senator Hinojosa sent up Committee Amendment  
         1 and moved adoption; without objection, the amendment was  
         adopted.  Senator Hinojosa requested unanimous consent to  
         incorporate the amendment into the committee substitute; without  
         objection, it was so ordered.  Senator Hinojosa then moved that  
         the new committee substitute be adopted; without objection, it  
         was so ordered.  Senator Hinojosa moved that SB 122 do not pass  
         but that CSSB 122 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.   
          
         The chair laid out SB 90 and recognized the author, Senator  
         Hinojosa, 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 Hinojosa moved that SB 90 be reported favorably 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 Hinojosa moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 91 and recognized the author, Senator  
         Hinojosa, 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 Hinojosa moved that SB 91 be reported favorably 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 Hinojosa moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
  
         The chair laid out SB 548 and recognized the author, Senator  
         Ellis, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Ellis to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ellis moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator Ellis  
         sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Ellis requested  
         unanimous consent to incorporate the amendment into the  
         committee substitute; without objection, it was so ordered.   
         Senator Ellis then moved that the new committee substitute be  
         adopted; 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 Ellis moved that SB 548 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 938 and recognized the author, Senator  
         West, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator West to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ellis 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 Ellis moved that SB 938 do not pass but that CSSB 938 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 Ellis  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 560 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up a committee  
         substitute; the chair recognized Senator Carona to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Carona 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 Carona moved that SB 560 do not pass but that CSSB 560  
         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.   
          
         The chair laid out SB 756 and recognized the author, Senator  
         Ogden, to explain the bill.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Ogden 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 Ogden moved that SB 756 do not pass but that CSSB 756 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.   
          
         The chair laid out SB 893 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up a committee  
         substitute; the chair recognized Senator Carona to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Carona 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 Carona moved that SB 893 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1303 and recognized the author, Senator  
         Seliger, 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 Seliger moved that SB 1303 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, 0 nay, 0  
         present not voting, and 3 absent.  Senator Ellis moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1006 and recognized Ned Munoz, Staffer for  
         Senator Harris, 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 Carona moved that SB 1006 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 Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Carona assumed the chair.   
          
         The chair laid out SB 1263 and recognized the author, Senator  
         Whitmire, to explain the bill.  Senator Ogden sent up Committee  
         Amendment 1 and moved adoption; without objection, the amendment  
         was adopted.  Senator Ogden requested unanimous consent to  
         incorporate the amendment into the body of the bill; without  
         objection, it was so ordered.  Senator Ogden then moved that the  
         new committee substitute be adopted; 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 moved that SB 1263 do not pass but that CSSB  
         1263 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 resumed the chair.   
          
         The chair laid out SB 337 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up a committee  
         substitute; the chair recognized Senator Carona to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Carona moved adoption of the committee  
         substitute; without objection, it was so ordered.   
          
         Senator Williams assumed 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 Seliger assumed the chair.   
          
         Senator Carona moved that SB 337 be left pending; without  
         objection, it was so ordered.   
          
         There being no further business, at 6:30 p.m. Senator Seliger  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         _____________________________ 
  
         Senator John Whitmire, Chair 
          
         _____________________________ 
         Carley Rose, Clerk