1-1 By: De La Garza, et al. (Senate Sponsor - Whitmire) H.B. No. 357
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 6, 1993, rereferred to Committee on Criminal
1-5 Justice; May 25, 1993, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 5, Nays 0; May 25, 1993,
1-7 sent to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Whitmire x
1-11 Brown x
1-12 Nelson x
1-13 Sibley x
1-14 Sims x
1-15 Turner x
1-16 West x
1-17 COMMITTEE SUBSTITUTE FOR H.B. No. 357 By: Whitmire
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to the records of the conviction or adjudication of a
1-21 minor.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Sections 51.14(a)-(c), Family Code, as amended by
1-24 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
1-25 Session, 1987, are amended to read as follows:
1-26 (a) Except as provided by Subsection (e) of this section,
1-27 all files and records of a juvenile court, a clerk of court, or a
1-28 prosecuting attorney relating to a child who is a party to a
1-29 proceeding under this title are open to inspection only by:
1-30 (1) the judge, probation officers, and professional
1-31 staff or consultants of the juvenile court;
1-32 (2) an attorney for a party to the proceeding;
1-33 (3) a public or private agency or institution
1-34 providing supervision of the child by arrangement of the juvenile
1-35 court, or having custody of the child under juvenile court order;
1-36 (4) a law enforcement officer as necessary for the
1-37 purpose of verifying the child's identity or court orders related
1-38 to the child's placement in the agency or institution; or
1-39 (5) with leave of juvenile court, any other person,
1-40 agency, or institution having a legitimate interest in the
1-41 proceeding or in the work of the court.
1-42 (b) All files and records of a public or private agency or
1-43 institution providing supervision of a child by arrangement of the
1-44 juvenile court or having custody of the child under order of the
1-45 juvenile court are open to inspection only by:
1-46 (1) the professional staff or consultants of the
1-47 agency or institution;
1-48 (2) the judge, probation officers, and professional
1-49 staff or consultants of the juvenile court;
1-50 (3) an attorney for the child;
1-51 (4) with leave of the juvenile court, any other
1-52 person, agency, or institution having a legitimate interest in the
1-53 work of the agency or institution; (or)
1-54 (5) the Texas Department of Criminal Justice
1-55 (Corrections), the Department of Public Safety, and the Texas
1-56 Juvenile Probation Commission, for the purpose of maintaining
1-57 statistical records of recidivism, and for diagnosis and
1-58 classification; or
1-59 (6) a law-enforcement officer as necessary for the
1-60 purpose of verifying the child's identity or court orders related
1-61 to the child's placement in the agency or institution;
1-62 (c) Except as provided by this subsection, law-enforcement
1-63 files and records concerning a child shall be kept separate from
1-64 files and records of arrests of adults and shall be maintained on a
1-65 local basis only and not sent to a central state or federal
1-66 depository. The (However, the) law-enforcement files and records
1-67 of a person who is transferred from the Texas Youth Commission to
1-68 the institutional division of the Texas Department of Criminal
2-1 Justice (Corrections) under a determinate sentence may be
2-2 transferred to a central state or federal depository for adult
2-3 records on or after the date of transfer. If a child has been
2-4 reported as missing by a parent, guardian, or conservator of that
2-5 child or a child has escaped from the custody of a juvenile
2-6 detention facility, the Texas Youth Commission, or any other agency
2-7 to which the child has been committed, any information or records
2-8 concerning that child may be transferred to and disseminated by the
2-9 Texas Crime Information Center and the National Crime Information
2-10 Center.
2-11 SECTION 2. Sections 51.15(a)-(c), Family Code, as amended by
2-12 Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
2-13 Session, 1987, are amended to read as follows:
2-14 (a) No child may be fingerprinted without the consent of the
2-15 juvenile court except as provided by this subsection or by
2-16 subsections (f) and (i) of this section. A child's fingerprints
2-17 may be taken and filed by a law-enforcement officer investigating a
2-18 case if (. (1)) the child is (15 years of age or older and is)
2-19 referred to the juvenile court for any felony (or
2-20 (2) the child is under 15 years of age and is referred
2-21 to the juvenile court for a felony listed in Section 53.045(a) of
2-22 this code).
2-23 (b) Except as provided in Subsections (h) and (i) of this
2-24 section, no child taken into custody may be photographed without
2-25 the consent of the juvenile court unless(:)
2-26 ((1)) the child is (15 years of age or older and is)
2-27 referred to the juvenile court for any (a) felony (or
2-28 ((2) the child is under 15 years of age and is
2-29 referred to the juvenile court for a felony listed in Section
2-30 53.045(a) of this code).
2-31 (c) Except as provided by this subsection, fingerprint and
2-32 photograph files or records of children shall be kept separate from
2-33 those of adults (and fingerprints or photographs known to be those
2-34 of a child shall be maintained on a local basis only and not sent
2-35 to a central state or federal depository). The (However,)
2-36 fingerprint and photograph files or records of a person who is
2-37 transferred from the Texas Youth Commission to the institutional
2-38 division of the Texas Department of Criminal Justice (Corrections)
2-39 under a determinate sentence may be transferred to adult records on
2-40 or after the date of transfer. If a child has been reported as
2-41 missing by a parent, guardian, or conservator of that child or a
2-42 child has escaped from the custody of a juvenile detention
2-43 facility, the Texas Youth Commission, or any other agency to which
2-44 the child has been committed, the child's fingerprints and
2-45 photograph may be sent to and indexed into the files of the
2-46 Department of Public Safety and the Federal Bureau of Investigation
2-47 to aid in the location and identification of the child.
2-48 SECTION 3. Section 51.16, Family Code, is amended to read as
2-49 follows:
2-50 Sec. 51.16. DESTRUCTION AND SEALING OF FILES AND RECORDS.
2-51 (a) On (Except as provided by Subsection (j) of this section, on)
2-52 the application of a person 23 years of age or older who has been
2-53 found to have engaged in delinquent conduct or conduct indicating a
2-54 need for supervision, or who has been (a person) taken into custody
2-55 to determine whether he engaged in delinquent conduct or conduct
2-56 indicating a need for supervision, or on the juvenile court's own
2-57 motion, the court, after hearing, shall order the sealing or
2-58 destruction (sealing) of the files and records in the case, (except
2-59 the court's files and records which shall be sealed.) including
2-60 those specified in Sections 51.14 and 51.15 of this code, as
2-61 provided by this section, if the court finds that:
2-62 (1) at least five (two) years have elapsed since final
2-63 discharge of the person, or since the last official action in his
2-64 case if there was no adjudication;
2-65 (2) since the time specified in Subdivision (1) of
2-66 this subsection, he has not been convicted of a felony or a
2-67 misdemeanor involving moral turpitude or found to have engaged in
2-68 delinquent conduct or conduct indicating a need for supervision,
2-69 and no proceeding is pending seeking conviction or adjudication;
2-70 and
3-1 (3) it is unlikely the person will engage in further
3-2 delinquent conduct or conduct indicating a need for supervision or
3-3 will commit a felony or a misdemeanor involving moral turpitude.
3-4 (b) The court may grant the relief authorized in Subsection
3-5 (a) of this section at any time after final discharge of the person
3-6 or after the last official action in his case if there was no
3-7 adjudication.
3-8 (c) Reasonable notice of the hearing shall be given to:
3-9 (1) the person who made the application or who is the
3-10 subject of the files or records named in the motion;
3-11 (2) the prosecuting attorney for the juvenile court;
3-12 (3) the authority granting the discharge if the final
3-13 discharge was from an institution or from parole;
3-14 (4) the public or private agency or institution having
3-15 custody of files or records named in the application or motion; and
3-16 (5) the law-enforcement agency having custody of files
3-17 or records named in the application or motion.
3-18 (d) The order of destruction shall apply to the duplicate
3-19 files and records relating to the person's adjudication and
3-20 disposition that are in the custody of a law enforcement officer or
3-21 agency, a prosecuting attorney, or a public or private agency or
3-22 institution. Copies of the (sealing) order requiring the
3-23 destruction of records shall be sent to each agency or official
3-24 (therein) named in the order. (The files and records in the
3-25 custody of the clerk of the court or juvenile court shall be
3-26 ordered sealed and shall be the only files and records not ordered
3-27 destroyed or subject to an order of destruction.)
3-28 (e) On entry of the order:
3-29 (1) all law-enforcement, prosecuting attorney, clerk
3-30 of court, and juvenile court files and records ordered sealed shall
3-31 be sent to the court issuing the order and the court shall seal
3-32 those files and records;
3-33 (2) all files and records of a public or private
3-34 agency or institution ordered destroyed (sealed) shall be sent to
3-35 the court issuing the order and the court shall destroy those files
3-36 and records;
3-37 (3) all index references to the files and records
3-38 ordered destroyed (sealed) shall be deleted;
3-39 (4) the juvenile court, clerk of court, prosecuting
3-40 attorney, public or private agency or institution, and
3-41 law-enforcement officers and agencies shall properly reply that no
3-42 record exists with respect to such person upon inquiry in any
3-43 matter; and
3-44 (5) the adjudication shall be vacated and the
3-45 proceeding dismissed and treated for all purposes, including the
3-46 purpose of showing a prior finding of delinquency, as if it had
3-47 never occurred.
3-48 (f) Notwithstanding the entry of an order under this section
3-49 providing for the destruction of a person's files and records, the
3-50 court shall provide that the following information concerning the
3-51 person for whom the order was entered is recorded in the
3-52 computerized criminal history system as provided by Article 60.053,
3-53 Code of Criminal Procedure:
3-54 (1) the name and date of birth of the person;
3-55 (2) a state identification number for the person
3-56 assigned by the Department of Public Safety; and
3-57 (3) the court in which the files and records for the
3-58 person are sealed and the municipality in which that court is
3-59 located.
3-60 (g) Inspection of the sealed files and records may be
3-61 permitted thereafter by an order of the juvenile court on the
3-62 petition of a prosecuting attorney or assistant prosecuting
3-63 attorney (the person) who shows good cause to the court.
3-64 Inspection (is the subject) of the files or records may be made
3-65 (and) only by that prosecuting attorney or assistant prosecuting
3-66 attorney (those persons) named in the order.
3-67 (h) ((g)) On the final discharge of a child or on the last
3-68 official action in his case if there is no adjudication, the child
3-69 shall be given a written explanation of his rights under this
3-70 section and a copy of the provisions of this section.
4-1 (i) ((h)) A person whose files and records have been sealed
4-2 and destroyed under this section (Act) is not required in any
4-3 proceeding or in any application for employment, information, or
4-4 licensing to state that the person (he) has been the subject of a
4-5 proceeding under this title (Act;) and any statement that the
4-6 person (he) has never been found to be a delinquent child may not
4-7 (shall never) be held against the person in any criminal or civil
4-8 proceeding.
4-9 ((i) Except as provided by Subsection (j) of this section,
4-10 on the motion of a person in whose name files and records are kept
4-11 or on the court's own motion, the court may order the destruction
4-12 of all files and records concerning a person who has been
4-13 adjudicated to be a child in need of supervision or a delinquent
4-14 child if:
4-15 (1) seven years have elapsed since the child's 16th
4-16 birthday; and
4-17 (2) the person has not been convicted of a felony.
4-18 (j) A court may not order under this section the destruction
4-19 of files and records concerning a person adjudicated as having
4-20 engaged in delinquent conduct that violated a penal law of the
4-21 grade of felony.
4-22 (k) A court may not order under this section the sealing of
4-23 files and records concerning a person adjudicated as having engaged
4-24 in delinquent conduct that violated a penal law of the grade of
4-25 felony unless:
4-26 (1) the person is 23 years of age or older;
4-27 (2) the files and records have not been:
4-28 (A) made a part of the person's adult record as
4-29 a result of the use of the files or records after the juvenile
4-30 court under Section 54.02 of this code transferred the person to a
4-31 criminal court for prosecution; or
4-32 (B) used as evidence in the punishment phase of
4-33 a criminal proceeding under Section 3(a), Article 37.07, Code of
4-34 Criminal Procedure; and
4-35 (3) the person has not been convicted of a penal law
4-36 of the grade of felony after becoming age 17.)
4-37 (j) A court may not order under this subsection the sealing
4-38 of files and records concerning a person adjudicated as having
4-39 engaged in delinquent conduct that violated a penal law of the
4-40 grade of felony unless:
4-41 (1) the person is 23 years of age or older,
4-42 (2) the files and records have not been:
4-43 (A) made a part of the person's adult record as
4-44 a result of the use of the files or records after the juvenile
4-45 court under Section 54.02 of this code transferred the person to a
4-46 criminal court for prosecution, or
4-47 (B) used the evidence in the punishment phase of
4-48 a criminal proceeding under section 3(a), Article 37.07, code of
4-49 Criminal Procedure, and
4-50 (C) the provisions of Section 51.16 have been
4-51 met.
4-52 ((j)(i)) (k) A prosecuting attorney may, by motion before a
4-53 juvenile court, reopen at any time the files and records of a
4-54 person adjudicated as having engaged in delinquent conduct that
4-55 violated a penal law of the grade of felony sealed by the court
4-56 under (Subsection (k)) this section if, after the court ordered the
4-57 sealing, the person is indicted for a criminal offense that
4-58 occurred before the person's 23rd birthday or at any time is
4-59 charged with a capital offense or a felony of the first degree.
4-60 ((k)) (l) A person who acquires knowledge of an arrest while
4-61 an officer or employee of the state or of any agency or other
4-62 entity of the state or any political subdivision of the state and
4-63 who knows of an order sealing or destroying the records and files
4-64 relating to that arrest has a duty not to release, disseminate, or
4-65 otherwise use the records or files. A person who is subject to an
4-66 order to seal or destroy records or files has a duty to comply with
4-67 the order and with all time limitations set out in the order for
4-68 compliance with the order.
4-69 SECTION 4. Section 3(a), Article 37.07, Code of Criminal
4-70 Procedure, is amended to read as follows:
5-1 (a) Regardless of the plea and whether the punishment be
5-2 assessed by the judge or the jury, evidence may, as permitted by
5-3 the Rules of Evidence, be offered by the state and the defendant as
5-4 to any matter the court deems relevant to sentencing, including the
5-5 prior criminal record of the defendant, his general reputation and
5-6 his character. The term prior criminal record means a final
5-7 conviction in a court of record, or a probated or suspended
5-8 sentence that has occurred prior to trial, or any final conviction
5-9 material to the offense charged. A court may consider as a factor
5-10 in mitigating punishment the conduct of a defendant while
5-11 participating in a program under Article 17.40 or 17.42(a) of this
5-12 code as a condition of release on bail. Additionally,
5-13 notwithstanding Rule 609(d), Texas Rules of Criminal Evidence,
5-14 evidence may be offered by the state and the defendant of an
5-15 adjudication of delinquency based on a violation by the defendant
5-16 of a penal law of the grade of felony subject to Section 51.16,
5-17 Family Code, providing for the sealing and destruction of files and
5-18 records relating to that adjudication (unless:
5-19 ((1) the adjudication is based on conduct committed
5-20 more than five years before the commission of the offense for which
5-21 the person is being tried; and
5-22 (2) in the five years preceding the date of the
5-23 commission of the offense for which the person is being tried, the
5-24 person did not engage in conduct for which the person has been
5-25 adjudicated as a delinquent child or a child in need of supervision
5-26 and did not commit an offense for which the person has been
5-27 convicted.)
5-28 SECTION 5. The heading to Chapter 55, Code of Criminal
5-29 Procedure, is amended to read as follows:
5-30 CHAPTER 55. EXPUNCTION, SEALING, AND DESTRUCTION
5-31 OF CRIMINAL RECORDS
5-32 SECTION 6. Articles 55.01 through 55.05, Code of Criminal
5-33 Procedure, are designated as included in Subchapter A of Chapter 55
5-34 and the heading of that subchapter is added to read as follows:
5-35 SUBCHAPTER A. EXPUNCTION OF RECORDS
5-36 SECTION 7. Chapter 55, Code of Criminal Procedure, is
5-37 amended by adding Subchapter B to read as follows:
5-38 SUBCHAPTER B. SEALING AND DESTRUCTION OF RECORDS FOR
5-39 CRIMES COMMITTED BEFORE AGE (18) 17
5-40 Art. 55.21. SEALING AND DESTRUCTION OF RECORDS. (a) A
5-41 person 23 years of age or older (who has been convicted for the
5-42 violation of a penal law of the grade of felony after being) whose
5-43 case was transferred from a juvenile court to a district court or
5-44 criminal district court under Section 54.02, Family Code, may apply
5-45 for the sealing and destruction of the files and records in the
5-46 person's case as provided by this chapter if the case has not
5-47 resulted in a conviction or a deferred adjudication.
5-48 (b) After final discharge of the person or after the last
5-49 official action in the person's case if there was not a conviction,
5-50 the court shall order the sealing and destruction of a person's
5-51 records under this section if(, after a hearing in camera,) the
5-52 court finds that on or after the person's (18th) 17th birthday the
5-53 person has not been convicted of a felony and is not under
5-54 indictment for a felony offense and that parole, release under
5-55 supervision, or probation of the person has not been revoked
5-56 because of conduct that constitutes a felony offense.
5-57 (c) A court may not order under this article the sealing of
5-58 files and records unless:
5-59 (1) the person is 23 years of age or older;
5-60 (2) the files and records have not been:
5-61 (A) made the part of the person's adult record
5-62 because of an adult conviction as a result of the use of the files
5-63 or records after the juvenile court transferred the person to a
5-64 criminal court for a prosecution under Section 54.02, Family Code,
5-65 or transferred the person to the Texas Department of Criminal
5-66 Justice - Institutional Division under Section 54.11(i)(2), Family
5-67 Code; or
5-68 (B) used as evidence in the punishment phase of
5-69 a criminal proceeding under Section 3(a), Article 37.07, Code of
5-70 Criminal Procedure.
6-1 (d) A prosecuting attorney may, by motion before a juvenile
6-2 court, reopen at any time the files and records sealed by the court
6-3 under this article if, after the court has ordered the sealing, the
6-4 person is indicted for a criminal offense that occurred before the
6-5 person's 23rd birthday or at any time is charged with a capital
6-6 offense or a felony of the first degree.
6-7 Art. 55.22. NOTICE OF HEARING. Reasonable notice of the
6-8 hearing must be given to:
6-9 (1) the person who made the application;
6-10 (2) the prosecuting attorney for the district court or
6-11 criminal district court;
6-12 (3) the authority granting the discharge if the final
6-13 discharge was from an institution or from parole;
6-14 (4) the agency or institution having custody of files
6-15 or records named in the application; and
6-16 (5) the law enforcement agency having custody of files
6-17 or records named in the application.
6-18 Art. 55.23. RECORDS SEALING AND DESTRUCTION ORDER.
6-19 (a) Copies of the order requiring the destruction of records shall
6-20 be sent to each agency or official named in the order.
6-21 (b) On entry of the order:
6-22 (1) the files and records of the clerk of the court
6-23 and district court or criminal district court files and records
6-24 shall be ordered sealed;
6-25 (2) all files and records of a law enforcement agency,
6-26 a prosecuting attorney, or a public or private agency or
6-27 institution that are ordered destroyed, except those files and
6-28 records sent to the court, shall be destroyed (not later than the
6-29 60th day after receipt of the destruction order,) and the entity
6-30 destroying the records shall, not later than the 10th day after the
6-31 destruction, notify the court in writing that the files and records
6-32 have been destroyed; and
6-33 (3) the district court or criminal district court,
6-34 clerk of court, prosecuting attorney, public or private agency or
6-35 institution, and law enforcement officers and agencies shall
6-36 properly reply that no record exists with respect to the person who
6-37 is the subject of the order on inquiry in any matter. (; and
6-38 ((4) the conviction shall be vacated and the
6-39 proceeding dismissed and treated for all purposes, including the
6-40 purpose of showing a prior conviction, as if it never occurred.
6-41 Art. 55.24. INFORMATION SENT TO COMPUTERIZED CRIMINAL
6-42 HISTORY SYSTEM. Notwithstanding the entry of an order under this
6-43 section providing for the sealing and destruction of a person's
6-44 criminal records, the court shall provide that the following
6-45 information concerning the person for whom the order was entered is
6-46 recorded in the computerized criminal history system as provided by
6-47 Article 60.053 of this code:
6-48 (1) the name and date of birth of the person;
6-49 (2) a state identification number for the person
6-50 assigned by the Department of Public Safety; and
6-51 (3) the court in which the records for the person are
6-52 sealed and the city in which that court is located.
6-53 Art. 55.25. EXPLANATION OF RIGHTS. On the final discharge
6-54 of the person or on the last official action in the person's case,
6-55 the person shall be given a written explanation of the person's
6-56 rights under this chapter and a copy of the provisions of this
6-57 chapter.
6-58 Art. 55.26. DISCLOSURE OF CONVICTION NOT REQUIRED. A person
6-59 whose files and records have been sealed and destroyed under this
6-60 chapter is not required in any proceeding or in any application for
6-61 employment, information, or licensing to state that the person has
6-62 been the subject of a criminal proceeding. (Any statement that the
6-63 person has never been convicted may not be held against the person
6-64 in a criminal or civil proceeding.
6-65 SECTION 8. Chapter 60, Code of Criminal Procedure, is
6-66 amended by adding Article 60.053 to read as follows:
6-67 Art. 60.053. INFORMATION RELATING TO CONDUCT OR OFFENSE
6-68 COMMITTED BY A PERSON BEFORE AGE (18) 17. (a) Notwithstanding any
6-69 other provision of this chapter, the computerized criminal history
6-70 information system shall include the information listed in
7-1 Subsection (b) of this article for a person whose files and records
7-2 are ordered sealed and destroyed under Section 51.16, Family Code,
7-3 or Article 55.21 of this code.
7-4 (b) The criminal history information system shall contain
7-5 only the following information for a person under this section:
7-6 (1) the name and date of birth of the person;
7-7 (2) a state identification number for the person
7-8 assigned by the Department of Public Safety; and
7-9 (3) the court in which the records for the person are
7-10 sealed and the city in which that court is located.
7-11 (c) The information required to be included in the
7-12 computerized criminal history information system under this section
7-13 shall be provided to the Department of Public Safety by a court
7-14 entering an order under Section 51.16, Family Code, or Article
7-15 55.21 of this code. The department shall delete from the system
7-16 any other information contained in the system for a person for whom
7-17 information is included in the system under this section.
7-18 (d) The Texas Department of Criminal Justice shall delete
7-19 from the corrections tracking system any information contained in
7-20 that system for a person included in the computerized criminal
7-21 history system under this section.
7-22 SECTION 9. This Act takes effect September 1, 1993.
7-23 SECTION 10. (a) The change in law made by this Act applies
7-24 only to files and records created with regard to conduct that
7-25 occurs on or after the effective date of this Act. Conduct
7-26 violating a penal law of the state occurs on or after the effective
7-27 date of this Act if every element of the violation occurs on or
7-28 after that date.
7-29 (b) The files and records created with regard to conduct
7-30 that occurs before the effective date of this Act are covered by
7-31 the law in effect at the time the conduct occurred, and the former
7-32 law is continued in effect for that purpose.
7-33 (c) The change in law made by Subchapter B of Chapter 55,
7-34 Code of Criminal Procedure, applies only to the records for an
7-35 offense committed on or after the effective date of this Act. For
7-36 purposes of this section, an offense is committed before the
7-37 effective date of this Act if any element of the offense occurs
7-38 before the effective date.
7-39 (d) The records of an offense committed before the effective
7-40 date of this Act are covered by the law in effect at the time the
7-41 offense was committed, and the former law is continued in effect
7-42 for that purpose.
7-43 SECTION 11. The importance of this legislation and the
7-44 crowded condition of the calendars in both houses create an
7-45 emergency and an imperative public necessity that the
7-46 constitutional rule requiring bills to be read on three several
7-47 days in each house be suspended, and this rule is hereby suspended.
7-48 * * * * *
7-49 Austin,
7-50 Texas
7-51 May 25, 1993
7-52 Hon. Bob Bullock
7-53 President of the Senate
7-54 Sir:
7-55 We, your Committee on Criminal Justice to which was referred H.B.
7-56 No. 357, have had the same under consideration, and I am instructed
7-57 to report it back to the Senate with the recommendation that it do
7-58 not pass, but that the Committee Substitute adopted in lieu thereof
7-59 do pass and be printed.
7-60 Whitmire,
7-61 Chairman
7-62 * * * * *
7-63 WITNESSES
7-64 FOR AGAINST ON
7-65 ___________________________________________________________________
7-66 Name: David Barber x
7-67 Representing: City of Houston
7-68 City: Houston
7-69 -------------------------------------------------------------------
7-70 Name: Mary Poss x
8-1 Representing: MUSCLE
8-2 City: Dallas
8-3 -------------------------------------------------------------------
8-4 Name: Chris Cage x
8-5 Representing: MUSCLE
8-6 City: Coppell
8-7 -------------------------------------------------------------------
8-8 Name: Larry Casto x
8-9 Representing: City of Dallas
8-10 City: Dallas
8-11 -------------------------------------------------------------------
8-12 Name: Mark Clark x
8-13 Representing: CLEAT
8-14 City: Austin
8-15 -------------------------------------------------------------------
8-16 Name: Michael Howard x
8-17 Representing: Houston Police Patrolman's
8-18 City: Houston
8-19 -------------------------------------------------------------------
8-20 Name: Judge Hal Gaitner x
8-21 Representing: MUSCLE
8-22 City: Dallas
8-23 -------------------------------------------------------------------
8-24 Name: Lon Curtis x
8-25 Representing: Tex Dist & Co. Atty Assoc
8-26 City: Belton
8-27 -------------------------------------------------------------------
8-28 Name: Travis S. Ware x
8-29 Representing: Crim. Dist. Atty's Office
8-30 City: Lubbock
8-31 -------------------------------------------------------------------
8-32 Name: Bruce Isaacks x
8-33 Representing: Denton Dist. Atty
8-34 City: Denton
8-35 -------------------------------------------------------------------
8-36 Name: Brenda Nichols x
8-37 Representing: Dallas Police Dept.
8-38 City: Dallas
8-39 -------------------------------------------------------------------