MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 14, 1999
1:00 pm
Capitol Extension, Room E1.016
*****
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 Wednesday, April 14, 1999 in the Capitol
Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister None
Senator Robert Duncan
Senator Mike Jackson
Senator Jane Nelson
Senator Florence Shapiro
Senator Royce West
Senator John Whitmire
*****
The Chair called the meeting to order at 1:05 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
At the requests of the authors, SB 430 and SB 1189 were pulled
from the agenda.
The Chair laid out SB 326 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
At 3:30 pm Senator Jackson assumed the chair.
Senator Armbrister moved that SB 326 be left pending; without
objection, it was so ordered.
At 3:40 pm Senator Armbrister resumed the chair.
The Chair laid out SB 804 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 804 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 7 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senator West requested unanimous consent to be shown voting
aye on SB 804. There being no objection, the motion
prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 784 and recognized the author, Senator
Moncrief, to explain the bill.
Senator Shapiro sent up CSSB 784 and moved adoption; without
objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
At the request of the author, CSSB 784 was left pending.
The Chair laid out SB 1215 and recognized the author, Senator
Moncrief, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that SB 1215 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on SB 1215. There being no objection, the
motion prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1217 and recognized the author, Senator
Moncrief, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that SB 1217 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on SB 1217. There being no objection, the
motion prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SR 392 and recognized the author, Senator
Moncrief, to explain the bill.
Senator Shapiro sent up CSSR 392 and moved adoption, without
objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that CSSR 392 be left pending;
without objection, it was so ordered.
The Chair laid out SB 1558 and recognized the author, Senator
Nelson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 1558 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 7 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on SB 1558. There being no objection, the
motion prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 4:20 pm Senator Jackson assumed the chair.
The Chair laid out SB 447 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Senator Armbrister sent up CSSB 447 and moved adoption;
without objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 447 do not pass but that CSSB 447
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on CSSB 447. There being no objection, the
motion prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair brought up SB 1774 from pending business.
Senator Armbrister sent up CSSB 1774 and moved adoption;
without objection, the committee substitute was adopted.
Senator Nelson moved that SB 1774 do not pass but that CSSB
1774 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 2 absent.
At 4:35 pm Senator Armbrister resumed the chair.
The Chair laid out SB 1607 and recognized Senator Jackson, in
the absence of the author, to explain the bill.
Senator Jackson sent up CSSB 1607 and moved adoption; without
objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that SB 1607 do not pass but that CSSB
1607 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on CSSB 1607. There being no objection, the
motion prevailed.
At 5:00 pm Senator Duncan assumed the chair.
The Chair laid out SB 965 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Nelson then pulled down the amendment.
Senator Nelson sent up CSSB 965 and moved adoption; without
objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 965 do not pass but that CSSB 965
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 2 absent.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 25 and recognized the author, Senator
Nelson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
SB 25 was left pending at the request of the author.
The Chair laid out SB 38 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
SB 38 was left pending at the request of the author.
The Chair laid out SB 39 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Senator Jackson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan moved that SB 39, as amended, be reported
favorably to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Whitmire requested unanimous consent to be shown
voting aye on SB 39, as amended. There being no objection,
the motion prevailed.
At 6:25 pm Senator Armbrister resumed.
The Chair laid out SB 1000 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Nelson sent up CSSB 1000.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Nelson requested unanimous consent to incorporate
amendments into the committee substitute. Senator Nelson then
moved that the new committee substitute be adopted. Senator
Nelson moved that SB 1000 do not pass but that CSSB 1000 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Whitmire requested unanimous consent to be shown
voting aye on CSSB 1000. There being no objection, the motion
prevailed.
The Chair laid out SB 1276 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 1276 be reported favorably 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.
At 7:15 pm Senator Duncan assumed the chair.
The Chair laid out SB 1180 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 1180 be reported favorably 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 2 absent.
At 7:25 Senator Armbrister resumed the chair.
The Chair brought up SB 22 from pending business.
Senator Nelson sent up CSSB 22 and moved adoption; without
objection, the committee substitute was adopted.
Senator Nelson moved that SB 22 do not pass but that CSSB 22
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 Whitmire requested unanimous consent to be shown
voting aye on CSSB 22. There being no objection, the motion
prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair brought up SB 565 from pending business.
Senator Jackson moved that SB 565 be reported favorably 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 Whitmire requested unanimous consent to be shown
voting aye on SB 565. There being no objection, the motion
prevailed.
The Chair brought up SB 194 from pending business.
Senator Duncan moved that SB 194 be reported favorably 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 Whitmire requested unanimous consent to be shown
voting aye on SB 194. There being no objection, the motion
prevailed.
At 7:30 pm Senator Jackson assumed the chair.
The Chair brought up SB 1124 from pending business.
Senator Armbrister moved that SB 1124 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on SB 1124. There being no objection, the
motion prevailed.
The Chair brought up SB 1125 from pending business.
Senator Armbrister moved that SB 1125 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 1 nays, 0
present not voting, and 0 absent.
Senators West and Whitmire requested unanimous consent to be
shown voting aye on SB 1125. There being no objection, the
motion prevailed.
At 7:30 pm Senator Armbrister resumed the chair.
Senator Duncan moved adoption of the minutes from April 7,
1999, there being no objection, the motion prevailed.
There being no further business, at 7:35 pm Senator Duncan
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly C. Gilbert, Clerk