MINUTES 
                                           
                        SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Wednesday, March 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, March 28, 2001, in the Capitol  
         Extension, Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Royce West 
         Senator John Whitmire 
         Senator Teel Bivins 
         Senator Mike Moncrief 
         Senator Steve Ogden 
         Senator Todd Staples 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 4:10 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB1589 and recognized the author, Senator  
         Moncrief, 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 Armbrister moved that  
         SB1589 be left pending to await a quorum; without objection, it  
         was so ordered.    Senator Moncrief moved that SB1589 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  
         Moncrief moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.    
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on SB 1589, without objection, it was so ordered. 
          
         The chair laid out SB1262 and recognized Senator Armbrister, in  
         the absence of the author, to explain the bill.  Senator Staples  
         sent up a committee substitute; Senator Armbrister explained 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.  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 SB1262 be left pending to await a quorum; without  
         objection, it was so ordered. Senator Staples moved that SB1262  
         do not pass but that CSSB1262 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 Moncrief moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered. 
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on CSSB 1262, without objection, it was so ordered. 
          
         The chair laid out SB917 and recognized the author, Senator  
         Shapiro, 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 Armbrister moved that  
         SB917 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Moncrief  
         moved that SB917 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 Moncrief moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on SB 917, without objection, it was so ordered. 
          
         The chair laid out SB1201 and recognized the author, Senator  
         Shapiro, 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 Armbrister moved that  
         SB1201 be left pending to await a quorum; without objection, it  
         was so ordered.   Senator Staples moved that SB1201 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  
         Whitmire moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar. Senator Ogden objected to the  
         motion for placement on the Local & Uncontested Calendar.   
         Senator Whitmire then withdrew his motion. 
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on SB 1201, without objection, it was so ordered. 
          
         The chair laid out SB169 and laid it on the table.  The chair   
         then laid out the companion bill, HB519 and recognized the  
         Senate sponsor, Senator Zaffirini, 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  
  
         Armbrister moved that HB519 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Moncrief moved that HB519 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 Moncrief moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on HB519, without objection, it was so ordered. 
          
         The chair laid out SB1224 and recognized the author, Senator  
         Harris, to explain the bill.  Senator Staples sent up a  
         committee substitute; the chair recognized Senator Harris 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.  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 SB1224 be left pending to await a quorum; without  
         objection, it was so ordered.  Senator Staples moved that SB1224  
         do not pass but that CSSB1224 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 Bivins requested unanimous consent to be shown voting  
         aye on CSSB 1224, without objection, it was so ordered. 
          
         At 4:25 p.m. Senator Staples assumed the chair.  
          
         The chair laid out SB1174 and recognized Senator Staples, in the  
         absence of the author, to explain the bill.  Senator Bivins sent  
         up a committee substitute; the chair recognized Senator Staples  
         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 Staples  
         moved that SB1174 be left pending to await a quorum; without  
         objection, it was so ordered.  Senator Moncrief moved that  
         SB1174 do not pass but that CSSB1174 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 Moncrief moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on CSSB1174, without objection, it was so ordered. 
          
         The chair laid out SB968 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 Armbrister 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 SB968 be left pending to await a quorum; without objection,  
         it was so ordered.  Senator Ogden moved that SB968 do not pass  
         but that CSSB968 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 Ogden moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on CSSB968, without objection, it was so ordered. 
          
         The chair laid out SB1195 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.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Armbrister moved  
         that SB1195 be left pending to await a quorum; without  
         objection, it was so ordered.  Senator Staples moved that SB1195  
         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 Bivins requested unanimous consent to be shown voting  
         aye on SB1195, without objection, it was so ordered. 
          
         The chair laid out SB1371 and recognized Senator Armbrister, in  
         the absence of the author, to explain the bill.  Senator  
         Armbrister sent up a committee substitute; the chair recognized  
         Senator Armbrister to explain the difference between the  
         committee substitute and the bill as filed.  Senator Armbrister  
         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 SB1371 be left pending  
         to await a quorum; without objection, it was so ordered. Senator  
         Staples moved that SB1371 do not pass but that CSSB1371 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 Ogden  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on CSSB1371, without objection, it was so ordered.  
          
         The chair laid out SB1126 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 Ogden moved that SB1126  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Ogden moved that  
         SB1126 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 Bivins requested unanimous consent to be shown voting  
         aye on SB1126, without objection, it was so ordered. 
          
         The chair laid out SB890 and recognized the author, Senator  
         Ogden, to explain the bill.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Ogden 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 Staples moved  
         that SB890 be left pending to await a quorum; without objection,  
         it was so ordered.  Senator Ogden moved that SB890 do not pass  
         but that CSSB890 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 Ogden moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on CSSB890, without objection, it was so ordered. 
          
         The chair laid out SB1583 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 Staples  
         moved that SB1583 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Moncrief moved that SB1583 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 Moncrief moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on SB1583, with objection, it was so ordered. 
          
         At 6:00 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out SB1087 and recognized the author, Senator  
         Harris, 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.   SB1087 was left pending at the  
         request of the author. 
          
         At 6:25 p.m. Senator Whitmire assumed the chair.   
          
         At 6:30 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out SB1304 and recognized the author, Senator  
         Harris, 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.  SB1304 was left pending at the  
         request of the author. 
          
         The chair laid out SB1088 and recognized the author, Senator  
         Harris, 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.    SB1088 was left pending at the  
         request of the author. 
          
         The Chair brought up SB7 from pending business.  Senator  
         Whitmire moved to reconsider the vote by which Amendment 1 was  
         adopted, without objection, it was so ordered.  Senator Whitmire  
         then moved to table Amendment 1, without objection, it was so  
         ordered.  Senator Moncrief withdrew the previously  unadopted  
         committee substitute.  Senator Moncrief sent up a new committee  
         substitute; the chair recognized Hanna Liebman, Senator Elllis'  
         Legislative Director, to explain the difference between the  
         committee substitute and the bill as filed. Senator Moncrief  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Moncrief moved that SB7 do not pass  
         but that CSSB7 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 Bivins requested unanimous consent to be shown voting  
         aye on CSSB7, without objection, it was so ordered. 
          
         The Chair brought up SB 1648 from pending business.  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.  Senator Staples moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Ogden moved that SB1648 do not pass but  
         that CSSB1648 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 Ogden moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
  
         without objection, it was so ordered.   
          
         Senator Bivins requested unanimous consent to be shown voting  
         aye on CSSB1648, without objection, it was so ordered. 
          
         The Chair brought up HB121 from pending business.  Senator  
         Armbrister withdrew the previously offered  amendment, without  
         objection, it was so ordered.  Senator Staples moved that HB121  
         be reported favorably 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, 0 present not voting, and 2 absent.   
         Senator Ogden moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         There being no further business, at 8:45 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