MINUTES
REVISED
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 21, 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 21, 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 1:20 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
Dr. Tony Fabelo, Executive Director of the Criminal Justice
Policy Council presented an update on the criminal justice
system and pending legislation to the members of the Senate
Criminal Justice Committee.
The Chair laid out SB 480 and recognized the author, Senator
Bernsen, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Whitmire moved that SB 480 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.
Senator Nelson requested unanimous consent to be shown voting
aye on SB 480. There being no objection, the motion
prevailed.
The Chair laid out SB 247 and recognized the author, Senator
Ellis, to explain the bill.
Senator Duncan sent up CSSB 247 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 West moved that SB 247 do not pass but that CSSB 247
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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on CSSB 247. There being no
objection, the motion prevailed.
At 2:05 pm Senator Duncan assumed the chair.
The Chair laid out SB 1189 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Senator Armrister 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. Public testimony was closed.
SB 1189 was left pending.
At 2:20 pm Senator Armbrister resumed the chair.
The Chair laid out SB 185 and recognized the author, Senator
Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan moved that SB 185 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 Nelson, West and Whitmire requested unanimous consent
to be shown voting aye on SB 185. There being no objection,
the motion prevailed.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 430 and recognized the author, Senator
Barrientos, to explain the bill.
Senator Duncan 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. Public testimony was closed.
Senator Duncan moved that SB 430, 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 6
ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Nelson requested unanimous consent to be shown voting
aye on SB 430, as amended. There being no objection, the
motion prevailed.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1281 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Shapiro sent up CSSB 1281.
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. Public testimony was closed.
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute. There being no
objection, the motion prevailed.
Senator Shapiro moved adoption of CSSB 1281, without
objection, the committee substitute was adopted.
The bill was left pending at the request of the author.
The Chair brought up SB 326 from pending business.
Senator Whitmire sent up CSSB 326 and moved adoption, without
objection, the committee substitute was adopted.
Senator Whitmire moved that SB 326 do not pass but that CSSB
326 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 4 ayes, 2 nays, 0 present not voting, and 1 absent.
The Chair laid out SB 1100 and recognized the author, Senator
Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator West moved that SB 1100 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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown aye on SB 1100. There being no objection,
the motion prevailed.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 962 and recognized the author, Senator
Barrientos, to explain the bill.
Senator Jackson 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. Public testimony was closed.
Senator Jackson moved that SB 962, 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.
Senators Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on SB 962, as amended. There
being no objection, the motion prevailed.
Senator Jackson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 4:10 pm Senator Jackson assumed the chair.
The Chair laid out SB 1358 and recognized the author, Senator
Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
At 4:25 pm Senator Shapiro assumed the chair.
Senator Jackson moved that SB 1358 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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on SB 1358. There being no
objection, the motion prevailed.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 534 and recognized Senator West, 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 Duncan moved that SB 534 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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on SB 534. There being no
objection, the motion prevailed.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1650 and recognized the author, Senator
Jackson, to explain the bill.
Senator Nelson sent up CSSB 1650 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 ws closed.
Senator Jackson moved that SB 1650 do not pass but that CSSB
1650 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, 1 nay, 0 present not voting, and 0 absent.
Senators Nelson and Whitmire requested unanimous consent to be
shown voting aye on CSSB 1650. There being no objection, the
motion prevailed. Senator Shapiro requested unanimous consent
to be shown voting nay on CSSB 1650. There being no
objection, the motion prevailed.
At 4:50 pm Senator Duncan assumed the chair.
The Chair brought up SB 739 from pending business.
Senator Armbrister withdrew the previous committee substitute
and sent up CSSB 739 and moved adoption, without objection,
the committee substitute was adopted.
Senator Jackson moved that SB 739 do not pass but that CSSB
739 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, 1 nay, 0 present not voting, and 1 absent.
Senator Whitmire requested unanimous consent to be shown
voting aye on CSSB 739. There being no objection, the motion
prevailed. Senator Nelson requested unanimous consent to be
shown voting nay on CSSB 739. There being no objection, the
motion prevailed.
The Chair brought up SB 403 from pending business.
Senator Armbrister withdrew the committee substitute that had
been previously sent up and sent up CSSB 403.
Senator Armrister sent up Committee Amendment 1 and moved
adoption, without objection, the committee amendment was
adopted.
Senator Armbrister requested unanimous consent to incorporate
amendments into the committee substitute. Senator Armbrister
then moved that the new committee substitute be adopted;
without objection, the substitute was adopted. Senator
Jackson moved that SB 403 do not pass but that CSSB 403 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.
Senators Nelson and Whitmire requested unanimous consent to be
shown voting aye on CSSB 403. There being no objection, the
motion prevailed.
At 5:20 pm Senator Armbrister resumed the chair.
The Chair brought up SB 280 from pending business.
Senator West sent up CSSB 280 and moved adoption, without
objection, the committee substitute was adopted.
Senator West moved that SB 280 do not pass but that CSSB 280
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 4
ayes, 2 nays, 0 present not voting, and 1 absent.
Senators Nelson and Whitmire requested unanimous consent to
be shown voting nay on CSSB 280. There being no objection,
the motion prevailed.
Senator Whitmire requested unanimous consent to have CSSB 1607
be recommended for placement on the Local and Uncontested
Calendar. There being no objection, the motion prevailed.
Senator Duncan moved adoption of the minutes from April 14,
1999, there being no objection, the motion prevailed.
There being no further business, at 5:40 pm Senator Armbrister
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