MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, April 29, 1997
8:30 am
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Criminal
Justice was held on Tuesday, April 29, 1997 in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire Senator Robert Duncan
Senator Florence Shapiro
Senator Jane Nelson
Senator Jerry Patterson
Senator Eliot Shapleigh
Senator Royce West
*****
The Chair called the meeting to order at 8:35 am. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Shapiro
Senator Patterson
Senator Shapleigh
Senator West
SB 12 by Luna
The Chair laid out SB 12 and recognized the author, Senator
Luna, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Luna to explain the difference between the
committee substitute and the bill as filed. Senator Nelson
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.
Senator Nelson moved that SB 12 do not pass but that CSSB 12
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 6
ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 749 by Dunnam/Sibley
The Chair laid out HB 749 and recognized the Senate sponsor,
Senator Sibley, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nelson moved that HB 749 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 1155 by Hightower/Brown
The Chair laid out HB 1155 and recognized the Senate sponsor,
Senator Brown, to explain the bill.
Senator Nelson 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.
Senator Patterson moved that HB 1155, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 5 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Patterson 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 HB 1155, without objection it was so ordered.
The final vote on HB 1155 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
HB 1386 by Gray/Brown
The Chair laid out HB 1386 and recognized the Senate sponsor,
Senator Brown, to explain the bill.
Senator Patterson 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.
Senator Shapiro moved that HB 1386, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 6 ayes, 0 nays,
0 present not voting, and 1 absent.
HB 1545 by Finnell/Haywood
The Chair laid out HB 1545 and recognized the Senate sponsor,
Senator Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nelson moved that HB 1545 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
SB 108 by Cain
The Chair recognized Senator Cain to take up SB 108, which
was previously laid out.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Cain to explain the difference between the
committee substitute and the bill as filed. Senator Nelson
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Nelson moved that SB 108 do not pass but that CSSB 108
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 5
ayes, 0 nays, 1 present not voting, and 1 absent.
HB 1050 by Gutierrez/Moncrief
The Chair laid out HB 1050 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Patterson moved that HB 1050 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 1 absent.
SB 1827 by Shapleigh
The Chair recognized Senator Shapleigh to take up SB 1827
which was previously laid out.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Shapleigh to explain the difference between
the committee substitute and the bill as filed. Senator
Shapleigh 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.
Senator Shapleigh moved that SB 1827 do not pass but that CSSB
1827 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 6 ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Shapleigh moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 485 by McClendon/Nelson
The Chair laid out HB 485 and recognized the Senate sponsor,
Senator Nelson, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
Senator Nelson moved that HB 485 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senator Shapleigh requested unanimous consent to be shown
voting aye on HB 485, without objection it was so ordered.
The final vote on HB 485 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
HB 311 by Place/Patterson
The Chair laid out HB 311 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
HB 311 was left pending.
HB 2826 by Place/West
The Chair laid out HB 2826 and recognized the Senate sponsor,
Senator West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator West moved that HB 2826 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 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 Shapleigh requested unanimous consent to be shown
voting aye on HB 2826, without objection it was so ordered.
The final vote on HB 2826 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
SB 1238 by West
The Chair laid out SB 1238 and recognized the author, Senator
West, to explain the bill.
Senator West 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.
Senator West moved that SB 1238, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 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 Shapleigh requested unanimous consent to be shown
voting aye on SB 1238, without objection it was so ordered.
The final vote on SB 1238 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
SB 1835 by Shapiro
The Chair laid out SB 1835 and recognized the author, Senator
Shapiro, to explain the bill.
Senator Shapiro 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.
Senator Shapiro moved that SB 1835, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 5 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senator Shapleigh requested unanimous consent to be shown
voting aye on SB 1835, without objection it was so ordered.
The final vote on SB 1835 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
SB 1232 by Shapiro
The Chair laid out SB 1232 and recognized the author, Senator
Shapiro, to explain the bill.
Senator Shapiro sent up a committee substitute; the Chair
recognized Senator Shapiro to explain the difference between
the committee substitute and the bill as filed. Senator
Shapiro 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.
Senator Shapiro moved that SB 1232 do not pass but that CSSB
1232 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 5 ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Shapleigh requested unanimous consent to be shown
voting aye on SB 1232, without objection it was so ordered.
The final vote on SB 1232 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
SB 612 by Harris
The Chair recognized Senator Harris to take up SB 612, which
was left pending from the previous hearing.
Senator Nelson moved that SB 612 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 1 nay, 0
present not voting, and 1 absent.
Senator Shapleigh requested unanimous consent to be shown
voting aye on SB 612, without objection it was so ordered.
The final vote on SB 612 was 5 ayes, 1 nay, 0 present not
voting, and 1 absent.
There being no further business, at 9:59 am Senator Whitmire
announced that the Committee stand recessed subject to the
call of the Chair.
__________________________
Senator John Whitmire, Chair
__________________________
Laura Appelt, Clerk