MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 28, 1999
1:00 pm
Capitol Extension, Room E1.016
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11 and a suspension of Senate Rule 11.11, a public hearing
of the Senate Committee on Criminal Justice was held on
Wednesday, April 28, 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 4:40 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
The Chair laid out HB 1063 and recognized the Senate sponsor,
Senator Shapleigh, 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 HB 1063 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 1063. 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 HB 152 and recognized the Senate sponsor,
Senator Shapleigh, 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 HB 152 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 152. 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 HB 525 and recognized the Senate sponsor,
Senator Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 525 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 525. 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.
The Chair laid out SB 1766 and recognized the author, Senator
Barrientos, to explain the bill.
Senator Nelson sent up CSSB 1766 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 Whitmire moved that SB 1766 do not pass but that CSSB
1766 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on CSSB 1766. There being no
objection, the motion prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1224 and recognized the author, Senator
Shapiro, to explain the bill.
Senator Shapiro sent up CSSB 1224 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 1224 do not pass but that CSSB
1224 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on CSSB 1224. There being no
objection, the motion prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1269 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Senator Shapiro sent up CSHB 1269 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 HB 1269 do not pass but that CSHB
1269 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on CSHB 1269. There being no
objection, the motion prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 5:00 pm Senator Shapiro assumed the chair.
The Chair laid out HB 592 and recognized the Senate sponsor,
Senator Armbrister, 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 HB 592 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 592. There being no objection,
the motion prevailed.
At 5:05 pm Senator Nelson assumed the chair.
The Chair laid out HB 924 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
There were no witnesses on HB 924.
Senator Jackson moved that HB 924 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 924. 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.
The Chair laid out HB 88 and recognized Senator Armbrister, in
the absence of the Senate sponsor, 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 HB 88 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 88. 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 HB 436 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
There were no witnesses on HB 436.
Senator Whitmire moved that HB 436 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 436. 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 HB 1121 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 1121 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 1121. 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 HB 788 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
There were no witnesses on HB 788.
Senator Whitmire moved that HB 788 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 Duncan, Shapiro and West requested unanimous consent
to be shown voting aye on HB 788. There being no objection,
the motion prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 5:15 pm Senator Armbrister resumed the chair.
The Chair laid out SB 1218 and recognized Senator Whitmire, 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.
SB 1218 was left pending.
At 6:00 pm Senator Jackson assumed the chair.
The Chair laid out HB 234 and recognized the Senate sponsor,
Senator Wentworth, 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 HB 234 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 and West requested unanimous consent to be
shown voting aye on HB 234. 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 1275 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Whitmire 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 1275, 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 and West requested unanimous consent to be
shown voting aye on SB 1275, as amended. There being no
objection, the motion prevailed.
The Chair laid out HB 605 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 605 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 and West requested unanimous consent to be
shown voting aye on HB 605. There being no objection, the
motion prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 854 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator Armbrister sent up CSSB 854 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 Duncan moved that HB 854 do not pass but that CSHB 854
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 and West requested unanimous consent to be
shown voting aye on CSHB 854. 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.
At 6:15 pm Senator Armbrister resumed the chair.
Senator Jackson moved adoption of the minutes from April 21,
1999, there being no objection, the motion prevailed.
There being no further business, at 6:35 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