MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Wednesday, May 13, 2009

1:30 p.m. or upon adjournment

Senator Whitmire's Desk

 

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Pursuant to suspension of Senate Rules 11.10 and 11.18, a public hearing of the Senate Committee on Criminal Justice was held on Wednesday, May 13, 2009, at Senator Whitmire's Desk on the Senate Floor in Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Whitmire

Senator Kel Seliger

Senator John Carona

Senator Rodney Ellis

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Dan Patrick

 

None

 

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The chair called the meeting to order at 2:26 p.m.  There being a quorum present, the following business was transacted: 

 

As a matter of pending business, the chair laid out HB 93.  Senator Hinojosa moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hinojosa moved that HB 93 do not pass but that CSHB 93 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, 0 nay, 0 present not voting, and 3 absent.  Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 94.  Senator Hinojosa moved that HB 94 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 107.  Senator Seliger sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Seliger requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Seliger then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Seliger moved that HB 107 do not pass but that CSHB 107 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, 0 nay, 0 present not voting, and 3 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.      

 

As a matter of pending business, the chair laid out HB 348.  Senator Hinojosa sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Hinojosa requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Hinojosa then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Hinojosa moved that HB 348 do not pass but that CSHB 348 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, 0 nay, 0 present not voting, and 3 absent.  Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 405.  Senator Hinojosa moved that HB 405 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Ellis requested unanimous consent to be shown voting with Senator Whitmire on all the bills.  His votes for the previous bills are not included in the minutes above but have been included in the committee report.

 

As a matter of pending business, the chair laid out HB 549.  Senator Hegar moved that HB 549 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

As a matter of pending business, the chair laid out HB 558.  Senator Hinojosa moved that HB 558 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 1060.  Senator Hegar moved that HB 1060 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 1721.  Senator Seliger moved that HB 1721 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 1728.  Senator Hinojosa moved that HB 1728 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

Senator Carona submitted a motion in writing to request unanimous consent to be shown voting aye on all the bills.

 

As a matter of pending business, the chair laid out HB 1985.  Senator Hinojosa moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hinojosa moved that HB 1985 do not pass but that CSHB 1985 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 nays, 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. 

 

As a matter of pending business, the chair laid out HB 2066.  Senator Hinojosa moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hinojosa moved that HB 2066 do not pass but that CSHB 2066 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 nays, 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. 

 

As a matter of pending business, the chair laid out HB 2068.  Senator Hegar moved that HB 2068 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 nays, 0 present not voting, and 0 absent.  Senator Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Patrick submitted a motion in writing to request unanimous consent to be shown voting aye on HB 93, HB 94, HB 107, HB 348, HB 405, HB 549, HB 558, HB 1060, HB 1721, HB 1728, and HB 1985.  These votes are not included in the minutes above but have been included in the committee report.

 

As a matter of pending business, the chair laid out HB 2100.  Senator Hinojosa moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hinojosa moved that HB 2100 do not pass but that CSHB 2100 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 nays, 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. 

 

As a matter of pending business, the chair laid out HB 2161.  Senator Hinojosa moved adoption of Committee Amendment 1 that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hinojosa moved that HB 2161, as amended, 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 nays, 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. 

 

As a matter of pending business, the chair laid out HB 2168.  Senator Hinojosa moved that HB 2168 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 nays, 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. 

 

As a matter of pending business, the chair laid out HB 2289.  Senator Seliger moved that HB 2289 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 2467.  Senator Seliger sent up a committee substitute and moved adoption; without objection, it was so ordered.  Senator Seliger moved that HB 2467 do not pass but that CSHB 2467 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 2580.  Senator Hegar moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hegar moved that HB 2580 do not pass but that CSHB 2580 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 nays, 0 present not voting, and 0 absent.  Senator Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out HB 2991.  Senator Seliger moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Seliger moved that HB 2991 do not pass but that CSHB 2991 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 nays, 0 present not voting, and 0 absent.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

As a matter of pending business, the chair laid out HB 3352.  Senator Hinojosa moved adoption of the committee substitute that was explained during the public hearing on May 12, 2009; without objection, it was so ordered.  Senator Hinojosa moved that HB 3352 do not pass but that CSHB 3352 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 nays, 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. 

 

There being no further business, at 2:38 p.m. Senator Whitmire moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator John Whitmire, Chair

 

 

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Vanessa Valdez, Clerk