MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, April 12, 2005
1:30 p.m. or upon adjournment
Capitol Extension, Room E1.016
*****
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, April 12, 2005, in the Capitol
Extension, Room E1.016, 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 1:35 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 665 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 Hinojosa
moved that SB 665 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 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 689 and recognized the author, Senator
Zaffirini, 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 Ellis moved that SB 689 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 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 1551 and recognized the author, Senator
Estes, 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 1551 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 1552 and recognized the author, Senator
Estes, 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 1552 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 1307 and recognized the author, Senator
Staples, to explain the bill. Senator Seliger sent up a
committee substitute; the chair recognized Senator Staples to
explain the difference between the committee substitute and the
bill as filed. Senator Seliger 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 Seliger moved that SB 1307 do not pass but that CSSB
1307 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 Seliger moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out SB 578 and recognized the author, Senator
Staples, to explain the bill. Senator Carona sent up a
committee substitute; the chair recognized Senator Staples 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 578 do not pass but that CSSB 578
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
Carona moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 1305 and recognized the author, Senator
Brimer, 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 1305 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 Seliger moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 912 and recognized the author, Senator
Shapiro, to explain the bill. Senator Williams sent up a
committee substitute; the chair recognized Senator Shapiro to
explain the difference between the committee substitute and the
bill as filed. Senator Williams 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 Williams moved that SB 912 do not pass but that CSSB 912
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
Williams moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 394 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 394 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 Seliger moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 1126 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 1126 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.
The chair laid out SB 1125 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 Seliger moved that SB 1125 be left pending; without
objection, it was so ordered.
Senator Seliger assumed the chair.
The chair laid out SB 925 and recognized the author, Senator
Duncan, to explain the bill.
Senator Whitmire 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 Ellis moved that SB 925 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 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 1195 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 Seliger moved that SB 1195 be left pending; without
objection, it was so ordered.
The chair laid out SB 1473 and recognized the author, Senator
Lindsay, to explain the bill. Senator Williams sent up a
committee substitute; the chair recognized Senator Lindsay to
explain the difference between the committee substitute and the
bill as filed. Senator Williams 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 Williams moved that SB 1473 do not pass but that CSSB
1473 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 Williams moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Seliger assumed the chair.
The chair laid out SB 304 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.
Senator Carona moved that SB 304 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Whitmire resumed the chair.
The chair laid out SB 1005 and recognized the author, Senator
Carona, 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 roll
the amendments into a committee substitute; without objection,
it was so ordered. Senator Ogden then moved that the 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 Carona moved that SB 1005 do not pass but that CSSB 1005
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
Carona moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 1461 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 1461 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 Seliger moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Seliger assumed the chair.
The chair laid out SB 909 and recognized the author, 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 Hinojosa moved that SB 909 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 1264 and recognized the author, 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 Hinojosa moved that SB 1264 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 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 1265 and recognized the author, 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 Hinojosa moved that SB 1265 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 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 1465 and recognized the author, Senator
Whitmire, to explain the bill. Senator Ellis sent up a
committee substitute; the chair recognized Senator Whitmire 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 Whitmire moved that SB 1465 do not pass but that CSSB
1465 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.
Senator Whitmire resumed the chair.
The Chair then brought up pending business.
The Chair moved to lay out SB 544, left pending from a previous
hearing. Senator Ellis moved that SB 544 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion failed to receive a majority vote: 3 ayes,
2 nays, 2 absent and 0 present not voting.
The Chair moved to lay out SB 548, left pending from a previous
hearing.
Senator Ellis sent up committee substitute # 2; 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 moved that CSSB 548 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 moved to lay out SB 893, left pending from a previous
hearing.
Senator Carona sent up committee substitute # 2; 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 Carona moved that CSSB 893 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.
There being no further business, at 5:20 p.m. Senator Whitmire
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