MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 25, 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, April 25, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister 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 3:00 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB1807 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 SB1807
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 Ogden moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered. Senators Bivins and West requested unanimous
consent to be shown voting aye on SB1807, without objection, it
was so ordered.
The chair laid out SB1312 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. 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 SB1312 be left pending to await a quorum; without
objection, it was so ordered. Senator Staples moved that SB1312
do not pass but that CSSB1312 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 SB1312, without objection, it
was so ordered.
At 3:15 p.m. Senator Ogden assumed the chair.
The chair laid out SB1313 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. Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered.
At 3:30 p.m. Senator Armbrister resumed 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. Senator
Armbrister moved that SB1313 be left pending.
Senator Ogden moved to table SB106 and hear the companion bill,
HB139, without objection, it was so ordered. The chair laid out
HB139 and recognized the Senate sponsor, Senator Cain, to
explain the bill. There were no witnesses on HB139. Senator
Moncrief moved that HB139 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. Senators Ogden requested unanimous
consent to be shown voting aye on HB139, without objection, it
was so ordered.
The chair laid out SB1724 and recognized the author, Senator
Cain, to explain the bill. Senator Ogden sent up a committee
substitute; the chair recognized Senator Cain 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 Armbrister moved that SB1724 be left pending; without
objection, it was so ordered.
The chair laid out SB786 and recognized the author, Senator
Barrientos, 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
SB786 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Moncrief
moved that SB786 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 SB786.
The chair laid out HB261 and recognized Senator Moncrief, in the
absence of the Senate sponsor, 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 HB261 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 HB261, without
objection, it was so ordered.
At 5:10 p.m. Senator Moncrief assumed the chair.
The chair brought up SB455 from pending business. Senator
Armbrister moved to re-open public testimony, 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 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. Senator Armbrister moved that
SB455 be left pending to await a quorum; without objection, it
was so ordered. Senator Moncrief moved that SB455 do not pass
but that CSSB455 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, 0 present not
voting, and 2 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 SB455, without
objection, it was so ordered.
The chair laid out HB780 and recognized the Senate sponsor,
Senator Armbrister, 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 HB780
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Moncrief moved that
HB780 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 HB780, without objection, it was so ordered.
The chair laid out HB772 and recognized the Senate sponsor,
Senator Armbrister, 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 sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Moncrief requested unanimous
consent to incorporate amendments into 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 then moved that
the new committee substitute be adopted; without objection, it
was so ordered. Senator Moncrief moved that HB772 do not pass
but that CSHB772 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 5:45 p.m. Senator Armbrister resumed the chair.
The chair laid out HB1739 and recognized the Senate sponsor,
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 Armbrister moved that
HB1739 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Moncrief
moved that HB1739 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 HB1739, without objection, it
was so ordered.
At 6:15 p.m. Senator West assumed the chair.
The chair laid out SB1665 and recognized the author, Senator
Armbrister, to explain the bill. Senator Armbrister sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. The bill was left pending at the request
of the author.
The chair brought up SB1120 from pending business. Committee
Amendments 1 and 2 had previously been adopted. Senator West
requested unanimous consent to incorporate amendments into the
committee substitute; without objection, it was so ordered.
Senator Armbrister sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted. Senator
West withdrew his previous motion to incorporate the amendments
into the committee substitute, without objection, it was so
ordered. Senator West requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator West then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Moncrief moved that SB1120 do not pass but that CSSB1120
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, 0 nay, 0 present not voting, and 3 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 SB1347 and recognized the author, Senator
Armbrister, 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. The bill was left pending at the
request of the author.
At 6:45 p.m. Senator Armbrister resumed the chair.
The chair brought up HB1600 from pending business. Senator West
sent up a committee substitute; the chair recognized Senator
West 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.
Senator West moved that HB1600 do not pass but that CSHB1600 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 HB1600,
without objection, it was so ordered.
The chair brought up SB110 from pending business. Senator
Moncrief moved that SB110 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, 1 present
not voting, and 1 absent. Senator Bivins requested unanimous
consent to be shown voting aye on SB110.
The chair brought up SB402 from pending business. Senator
Moncrief moved to withdraw the previously offered committee
substitute, without objection, it was so ordered. Senator
Moncrief sent up a new committee substitute; the chair
recognized Senator Moncrief 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. The bill was left pending.
The chair brought up SB1367 from pending business. Senator
Moncrief sent up a committee substitute; the chair recognized
Senator Moncrief 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 Staples sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Staples requested unanimous consent to roll the
amendments into a committee substitute; without objection, it
was so ordered. Senator Staples then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Staples moved that SB1367 do not pass but that CSSB1367
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, 0 present not voting, and 2 absent. Senator
Bivins requested unanimous consent to be shown voting aye on
SB1367, without objection, it was so ordered.
There being no further business, at 7:30 p.m. Senator Armbrister
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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Senator Kenneth Armbrister, Chair
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Kelly C. Gilbert, Clerk