MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, February 28, 2001
1:00 p.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Criminal
Justice was held on Wednesday, February 28, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister None
Senator John Whitmire
Senator Teel Bivins
Senator Mike Moncrief
Senator Steve Ogden
Senator Todd Staples
Senator Royce West
*****
The chair called the meeting to order at 1:15 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB661 and recognized the author, Senator
Carona, to explain the bill. Senator Ogden sent up a committee
substitute; the chair recognized Senator Carona to explain the
difference between the committee substitute and the bill as
filed. Senator Ogden 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. The chair moved that the public testimony be
closed; without objection, it was so ordered.
Senator Armbrister moved that SB661 be left pending to await a
quorum; without objection, it was so ordered. Senator Moncrief
moved that SB661 do not pass but that CSSB661 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 7 ayes, 0
nay, 0 present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB671 and recognized the author, Senator
Jackson, to explain the bill. Senator Ogden sent up a committee
substitute; the chair recognized Senator Jackson to explain the
difference between the committee substitute and the bill as
filed. Senator Ogden 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. The chair moved that the public testimony be closed;
without objection, it was so ordered.
Senator Moncrief moved that SB671 do not pass but that CSSB671
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator
Moncrief moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Staples requested unanimous consent to be shown voting
aye on SB671, without objection, it was so ordered.
The chair laid out SB437 and recognized the author, Senator
Staples, to explain the bill.
Senator Staples sent up a committee substitute; the chair
recognized Senator Staples to explain the difference between the
committee substitute and the bill as filed.
Witnesses testifying and registering on the bill are shown on
the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered.
Senator Staples sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. Senator
Staples requested unanimous consent to incorporate the amendment
into the committee substitute; without objection, it was so
ordered. Senator Staples moved that SB437 do not pass but that
CSSB437 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 6 ayes, 0 nay, 1 present not voting, and 0
absent.
The chair laid out SB577 and recognized the author, Senator
Bivins, to explain the bill. Senator Bivins sent up a committee
substitute; the chair recognized Senator Bivins to explain the
difference between the committee substitute and the bill as
filed. Senator Bivins 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. The chair moved that the public testimony be
closed; without objection, it was so ordered.
Senator Bivins moved that SB577 do not pass but that CSSB577 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 6
ayes, 1 nay, 0 present not voting, and 0 absent.
Senator Ogden requested unanimous consent to be shown voting aye
on SB 577, without objection, it was so ordered.
The chair laid out SB340 and recognized the author, Senator
Haywood, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Moncrief moved that SB340
be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senators Ogden and Whitmire requested unanimous consent to be
shown voting aye on SB 340, without objection, it was so
ordered.
The Chair brought up SB 494 from pending business. Senator West
raised a point of order which led to a parliamentary inquiry
about SB 494 having to be listed as pending business on the
agenda for a vote to occur. After checking with the Senate
Parliamentarian, the Chair ruled that the bill could be voted
upon by a motion because SB 494 had been properly posted and
heard at a prior hearing. Senator Armbrister moved that SB340
be left pending; without objection, it was so ordered.
At 4:30 p.m. Senator Whitmire assumed the chair.
The chair laid out SB89 and recognized the author, Senator
Nelson, to explain the bill. Senator Bivins sent up a committee
substitute. Senator Bivins then withdrew the committee
substitute and without objection the substitute was withdrawn.
Senator Staples sent up a committee substitute; the chair
recognized Senator Nelson to explain the difference between the
committee substitute and the bill as filed.
At 5:15 p.m. Senator Bivins assumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered.
At 5:20 p.m. Senator Armbrister resumed the chair.
At the request of the author, Senator Armbrister moved that SB89
be left pending; without objection, it was so ordered.
There being no further business, at 5:40 p.m. 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