CORRECTED MINUTES House Committee on Criminal Jurisprudence 76th Legislature April 21, 1999 4:00 pm or upon adjournment Capitol Extension, E2.018 On April 29, 1999, the House Committee on Criminal Jurisprudence authorized the correction of the minutes for the meeting of the House Committee on Criminal Jurisprudence held on April 21, 1999. The following are the corrected minutes for that meeting: Pursuant to an announcement from the house floor on April 21, 1999, the House Committee on Criminal Jurisprudence met in a formal meeting and was called to order by the Chair, Representative Juan Hinojosa at 5:50 pm. The roll was answered as follows: Present: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; (7). Absent: Garcia, Wise (2). A quorum was present. SB 114 The chair moved to reconsider the vote by which the measure was reported from committee. The motion to reconsider prevailed without objection. The chair moved to reconsider the vote by which Committee Amendment #1 was adopted. The motion to reconsider prevailed without objection. Committee Amendment # 1 was withdrawn. Representative Nixon, Joe moved that SB 114 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Wise (2). SB 894 The chair moved to reconsider the vote by which the measure was reported from committee. The motion to reconsider prevailed without objection. Representative Keel moved that SB 894 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Wise (2). HB 6 The chair laid out HB 6 as pending business. Representative Keel offered a complete committee substitute. Representative Hinojosa offered an amendment to the committee substitute. The amendment was adopted without objection. Representative Keel offered an amendment to the committee substitute. The amendment was adopted without objection. The chair directed the staff to incorporate the amendments into a committee substitute. Representative Keel moved that HB 6, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Wise (2). (Representative Garcia now present.) (Representative Wise now present.) HB 150 The chair laid out HB 150 as pending business. Representative Garcia moved that HB 150 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Keel; Nixon, Joe; Smith; Wise (8). Nays: Representative Talton (1). Present not Voting: None (0). Absent: None (0). HB 287 The chair laid out HB 287 as pending business. Representative Green moved that HB 287 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Keel; Nixon, Joe; Smith; Talton; Wise (9). Nays: None (0). Present not Voting: None (0). Absent: None (0). HB 319 The chair laid out HB 319 as pending business. Representative Talton moved that HB 319 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Keel; Nixon, Joe; Smith; Talton; Wise (9). Nays: None (0). Present not Voting: None (0). Absent: None (0). HB 487 The chair recalled HB 487 from subcommittee. Representative Green offered a complete committee substitute. Representative Dunnam offered an amendment to the measure. The amendment failed by the following record vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Wise (4). Nays: Representatives Green; Keel; Nixon, Joe; Smith; Talton (5). Present not Voting: None (0). Absent: None (0). The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 487, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Green; Keel; Nixon, Joe; Smith; Talton; Wise (7). Nays: Representatives Dunnam; Garcia (2). Present not Voting: None (0). Absent: None (0). HB 3489 The chair laid out HB 3489 on subcommittee report. Representative Dunnam offered a complete committee substitute. The committee substitute was adopted without objection. Representative Dunnam moved that HB 3489, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith; Wise (6). Nays: Representatives Keel; Talton (2). Present not Voting: None (0). Absent: Representative Green (1). HB 779 The chair laid out HB 779 as pending business. Representative Keel offered an amendment to the measure. The amendment was adopted without objection. Representative Keel moved that HB 779, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Green (1). HB 780 The chair laid out HB 780 as pending business. Representative Keel moved that HB 780 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Green (1). HB 883 The chair recalled HB 883 from subcommittee. Representative Talton offered a complete committee substitute. The committee substitute was adopted without objection. Representative Talton moved that HB 883, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Green (1). HB 1480 The chair recalled HB 1480 from subcommittee. Representative Talton moved that HB 1480 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Talton; Wise (6). Nays: Representatives Keel; Smith (2). Present not Voting: None (0). Absent: Representative Green (1). HB 3456 The chair recalled HB 3456 from subcommittee. Representative Hinojosa offered a complete committee substitute. The committee substitute was adopted without objection. Representative Keel moved that HB 3456, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Keel; Nixon, Joe; Smith; Talton; Wise (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Green (2). HB 3457 (Representative Green now present.) The chair recalled HB 3457 from subcommittee. Representative Hinojosa offered a complete committee substitute. The committee substitute was adopted without objection. Representative Dunnam moved that HB 3457, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 943 The chair laid out HB 943 as pending business. Representative Green moved that HB 943 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 947 The chair laid out HB 947 as pending business. Representative Smith offered an amendment to the measure. The amendment was adopted without objection. Representative Smith moved that HB 947, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 1101 The chair laid out HB 1101 on subcommittee report. Representative Smith offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 1101, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 1107 The chair laid out HB 1107 as pending business. Representative Keel offered a complete committee substitute. The committee substitute was adopted without objection. Representative Keel moved that HB 1107, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 1357 The chair laid out HB 1357 as pending business. Representative Dunnam moved that HB 1357 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 1265 The chair laid out HB 1265 as pending business. Representative Wise offered a complete committee substitute. The committee substitute was adopted without objection. Representative Wise moved that HB 1265, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). HB 2765 The chair laid out HB 2765 on subcommittee report. Representative Talton moved that HB 2765 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Garcia (1). SB 970 The chair laid out SB 970. The bill was left pending without objection. HB 1167 (Representative Garcia now present.) The chair laid out HB 1167 as pending business. Representative Talton moved that HB 1167 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Smith; Talton; Wise (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Keel; Nixon, Joe (2). HJR 15 (Representative Keel now present.) The chair laid out HJR 15 on subcommittee report. Representative Talton moved that HJR 15 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Keel; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Nixon, Joe (1). HB 1939 The chair laid out HB 1939 as pending business. Representative Smith offered a complete committee substitute. The committee substitute was adopted without objection. Representative Smith moved that HB 1939, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Keel; Smith; Talton; Wise (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Nixon, Joe (2). HB 1594 The chair laid out HB 1594 on subcommittee report. Representative Talton offered a complete committee substitute. The committee substitute was adopted without objection. Representative Green moved that HB 1594, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Smith; Talton; Wise (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Nixon, Joe (3). HB 3495 The chair laid out HB 3495 on subcommittee report. Representative Talton moved that HB 3495 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Smith; Talton; Wise (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Nixon, Joe (3) .HB 2112 The chair laid out HB 2112 as pending business. Representative Dunnam offered an amendment to the measure. Amendment No. 1 was adopted without objection. Representative Dunnam offered an amendment to the measure. Amendment No. 2 was adopted without objection. Representative Dunnam moved that HB 2112, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Smith; Talton; Wise (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Nixon, Joe (3). HB 2111 (Representative Nixon, Joe now present.) The chair laid out HB 2111 as pending business. Representative Wise moved that HB 2111 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Smith; Wise (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Talton (3). HB 2984 (Representative Talton now present.) (Representative Garcia now present.) The chair laid out HB 2984 as pending business. Representative Green offered a substitute to the measure. Representative Green offered an amendment to the committee substitute. The amendment was adopted without objection. The committee substitute, as amended, was adopted without objection. The substitute was adopted without objection. Representative Green moved that HB 2984, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Nixon, Joe; Smith; Talton; Wise (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Keel (1). The chair directed the staff to incorporate the amendment into the committee substitute. HB 3255 The chair laid out HB 3255 as pending business. Representative Nixon, Joe offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 3255, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith; Talton; Wise (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Green; Keel (2). HB 3324 The chair laid out HB 3324 as pending business. Representative Talton offered a complete committee substitute. Representative Talton offered an amendment to the committee substitute. The amendment was adopted without objection. The committee substitute, as amended, was adopted without objection. The chair directed the staff to incorporate the amendments into the committee substitute. Representative Talton moved that HB 3324, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith; Talton; Wise (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Green; Keel (2). HB 2053 The chair laid out HB 2053 as pending business. Representative Dunnam moved that HB 2053 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith; Talton (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Green; Keel; Wise (3). HB 3765 The chair laid out HB 3765 as pending business. Representative Nixon, Joe offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 3765, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith; Talton (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Green; Keel; Wise (3). HB 2187 The chair laid out HB 2187 as pending business. Representative Dunnam moved that HB 2187 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Green; Keel; Talton; Wise (4). HB 1763 (Representative Talton now present.) The chair laid out HB 1763 as pending business. Representative Garcia offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 1763, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Nixon, Joe; Smith; Talton (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Green; Keel; Wise (3). HB 926 (Representative Green now present.) The chair laid out HB 926 as pending business. Representative Nixon, Joe moved that HB 926 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Nixon, Joe; Smith; Talton (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Keel; Wise (2). HB 2231 The chair laid out HB 2231 as pending business. Representative Nixon, Joe offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 2231, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Garcia; Green; Nixon, Joe; Talton (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Keel; Smith; Wise (3). HB 2825 The chair laid out HB 2825 as pending business. Representative Dunnam offered a complete committee substitute. The committee substitute was adopted without objection. Representative Dunnam moved that HB 2825, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). HB 2725 The chair laid out HB 2725 as pending business. Representative Hinojosa offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 2725, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). HB 2879 The chair laid out HB 2879 as pending business. Representative Dunnam offered a complete committee substitute. The committee substitute was adopted without objection. Representative Dunnam moved that HB 2879, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). HB 2978 The chair laid out HB 2978 as pending business. Representative Nixon, Joe offered a complete committee substitute. The committee substitute was adopted without objection. Representative Nixon, Joe moved that HB 2978, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). HB 3229 The chair laid out HB 3229 as pending business. Representative Green moved that HB 3229 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). HB 3265 The chair laid out HB 3265 as pending business. Representative Green offered a complete committee substitute. The committee substitute was adopted without objection. Representative Green moved that HB 3265, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). HB 998 The chair laid out HB 998 as pending business. Representative Hinojosa moved that HB 998 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hinojosa; Dunnam; Green; Nixon, Joe; Talton (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Keel; Smith; Wise (4). At 8:45 pm, on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair. ______________________ Rep. Juan J. Hinojosa, Chair ______________________ Arlene E. Zirkel, Clerk