MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Wednesday, May 9, 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, May 9, 2001, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Todd Staples Senator John Whitmire Senator Teel Bivins Senator Mike Moncrief Senator Steve Ogden Senator Royce West ***** Senator Moncrief called the meeting to order at 3:00 p.m. There being a quorum present, the following business was transacted: The chair laid out HB396 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 HB396 be left pending to await a quorum; without objection, it was so ordered. At 3:10 p.m. Senator Armbrister assumed the chair. Senator Moncrief moved that HB396 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 HB396, without objection, it was so ordered. The chair laid out HB5 and recognized the Senate sponsor, Senator Nelson, 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 HB5 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB5 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 Bivins requested unanimous consent to be shown voting aye on HB5, without objection, it was so ordered. The chair laid out HB1758 and recognized the Senate sponsor, 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 HB1758 be left pending to await a quorum; without objection, it was so ordered. Senator Moncrief moved that HB1758 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 HB1758, without objection, it was so ordered. The chair laid out HB2250 and recognized the Senate sponsor, 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 HB2250 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB2250 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 HB2250, without objection, it was so ordered. The chair laid out HB3491 and recognized the Senate sponsor, 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 HB3491 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB3491 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 HB3491, without objection, it was so ordered. The chair brought up HB805 from pending business. The chair laid out HB805 and recognized the Senate sponsor, Senator Brown, to explain the bill. The chair 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 moved that HB805 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB805 be reported back to the Senate with the recommendation that it do pass and be printed. Senator Ogden requested that the vote be held open for 30 minutes, without objection, it was so ordered. The motion to report HB805 carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. The chair laid out HB156 and recognized the Senate sponsor, Senator Shapiro, to explain the bill. There were no witnesses on HB156. Senator Moncrief moved that HB156 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 HB156, without objection, it was so ordered. The chair laid out HB2987 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 HB2987 be left pending to await a quorum; without objection, it was so ordered. Senator West moved that HB2987 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, 1 nay, 0 present not voting, and 2 absent. The chair laid out HB1287 and recognized the Senate sponsor, Senator Whitmire, to explain the bill. Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire to explain the difference between the committee substitute and the bill as filed. Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that HB1287 be left pending to await a quorum; without objection, it was so ordered. Senator Whitmire moved that HB1287 do not pass but that CSHB1287 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 West 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 for HB1287, without objection, it was so ordered. The chair laid out HB3664 and recognized the Senate sponsor, Senator Whitmire, to explain the bill. There were no witnesses on HB3664. Senator Armbrister moved that HB3664 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB3664 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 West 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 HB3664, without objection, it was so ordered. The chair laid out HB3185 and recognized the Senate sponsor, Senator Whitmire, 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 HB3185 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Whitmire moved that HB3185 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:10 p.m. Senator West assumed the chair. The chair laid out HB2784 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that HB2784 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB2784 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 West 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 HB2784, without objection, it was so ordered. At 5:15 p.m. Senator Armbrister resumed the chair. The chair laid out HB940 and recognized the Senate sponsor, 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. Senator Armbrister moved that HB940 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB940 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 West 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 HB940, without objection, it was so ordered. The chair laid out HB2991 and recognized the Senate sponsor, 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. Senator Armbrister moved that HB2991 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB2991 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 West 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 HB2991, without objection, it was so ordered. At 5:25 p.m. Senator West assumed the chair. The chair laid out HB131 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 West moved that HB131 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Whitmire moved that HB131 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 Whitmire 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 HB131, without objection, it was so ordered. The chair laid out HB1762 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 West moved that HB1762 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB1762 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 HB1762, without objection, it was so ordered. The chair laid out HB2179 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 West moved that HB2179 be left pending to await a quorum; without objection, it was so ordered. Senator Moncrief moved that HB2179 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 West 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 HB2179, without objection, it was so ordered. The chair laid out HB2881 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 West moved that HB2881 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Moncrief moved that HB2881 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB3149 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. The bill was left pending. The chair laid out HB1415 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 West moved that HB1415 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Whitmire moved that HB1415 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, 1 nay, 0 present not voting, and 1 absent. Senator Bivins requested unanimous consent to be shown voting aye on HB1415, without objection, it was so ordered. At 5:45 p.m. Senator Armbrister resumed the chair. The chair laid out HB73 and recognized the Senate sponsor, Senator West, to explain the bill. There were no witnesses on HB73. Senator West moved that HB73 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 West 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 HB73, without objection, it was so ordered. The chair brought up SB1724 from pending business. The committee substitute for SB1724 had been previously adopted. Senator Moncrief moved that SB1724 do not pass but that CSSB1724 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 SB1724, without objection, it was so ordered. The chair brought up HB598 from pending business. Committee Amendment 1 had been previously adopted. Senator Moncrief moved that HB598 be reported favorably to the Senate with the recommendation that it do pass and be printed. Senator Moncrief moved that the vote for HB598 be held open for 30 minutes, without objection, it was so ordered. The motion to report HB598 then carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Bivins 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 7:15 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