MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Wednesday, March 7, 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, March 7, 2001, in the Capitol  
         Extension, Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Teel Bivins 
         Senator John Whitmire 
         Senator Mike Moncrief 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Royce West 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:00 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB795 and recognized the author, Senator  
         Ellis, to explain the bill.  Senator Moncrief sent up a  
         committee substitute; the chair  recognized Senator Ellis to  
         explain the difference between the committee substitute and the  
         bill as filed.   Representative Talton was also available to  
         answer questions on the committee substitute. Senator Moncrief  
         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 Staples moved that SB795 do not pass but that CSSB795 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, 0 present not voting, and 1 absent.   
          
         Senators Whitmire and Ogden requested unanimous consent to be  
         shown voting aye on SB 795, without objection, it was so  
         ordered. 
          
         The chair laid out SB251 and recognized the author, Senator  
         Harris, to explain the bill.   
  
         Senator West sent up a committee substitute; the chair  
         recognized Senator Harris to explain the difference between the  
         committee substitute and the bill as filed.  Senator West 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.   
          
         At 3:15 p.m. Senator Whitmire assumed the chair.   
          
         Senator Moncrief moved that SB251 do not pass but that CSSB251  
         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, 0 present not voting, and 1 absent.   
          
         At 3:20 p.m. Senator Armbrister resumed the chair.  
          
         Senator Staples requested unanimous consent to be shown voting  
         aye on SB 251, without objection, it was so ordered. 
          
         At 3:45 p.m. Senator Whitmire assumed the chair.  
          
         The chair laid out SB293 and recognized the author, Senator  
         West, 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.   
          
         At 3:50 p.m. Senator Armbrister resumed the chair.  
          
         At 4:00 p.m. Senator Whitmire assumed the chair.     
          
         The chair laid out SB268 and recognized the author, Senator  
         Ogden, 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 Whitmire  
         moved that SB268 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Ogden moved that SB268 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 4 ayes, 2 nays, 0 present not  
         voting, and 1 absent.   
          
         The chair laid out SB753 and recognized the author, Senator Van  
         de Putte, 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 Whitmire  
         moved that SB753 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Moncrief moved that SB753 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, 0 present not  
         voting, and 1 absent.   
          
         Senator Staples requested unanimous consent to be shown voting  
         aye on SB 753, without objection, it was so ordered. 
          
         The chair laid out SB636 and recognized Senator Staples, in the  
         absence of the author, 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 SB636 be reported favorably 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, 0 present not  
         voting, and 1 absent.   
          
         Senator Staples requested unanimous consent to be shown voting  
         aye on SB 636, without objection, it was so ordered. 
          
         Senator Moncrief moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         At 5:00 p.m. Senator Armbrister resumed the chair.  
          
         The Chair brought up SB 107 from pending business.  David  
         Talbot, Special Assistant from the Attorney General's Office  
         answered questions asked by the committee members.  Senator West  
         moved that SB107 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 4 ayes, 2 nays, 0 present not  
         voting, and 1 absent.   
          
         The Chair brought up SB 89 from pending business.  Senator  
         Staples withdrew the previous committee substitute.  Senator  
         Staples sent up a committee substitute; the chair recognized Amy  
         Lindley, of Senator Nelson's staff to explain the difference  
         between the committee substitute and the bill as filed.  Senator  
         Staples moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Moncrief moved that SB 89  
         do not pass but that CSSB 89 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 0 nay, 1 present not  
         voting, and 1 absent.   
          
         There being no further business, at 5:50 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