MINUTES SENATE COMMITTEE ON CRIMINAL JUSTICE Tuesday, February 18, 1997 9:00 am Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Criminal Justice was held on Tuesday, February 18, 1997 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator John Whitmire Senator Florence Shapiro Senator Robert Duncan Senator Jane Nelson Senator Jerry Patterson Senator Eliot Shapleigh Senator Royce West ***** The Chair called the meeting to order at 9:05 am. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Florence Shapiro Senator Robert Duncan The Chair laid out SB 319 and recognized the author, Senator Harris, to explain the bill. Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Sgt. S. C. Van Vleck, representing Ft. Worth Police Department, testified in favor of the bill. Ben Flanagan, representing Grapevine Police Department, testified in favor of the bill. Senator Shapiro moved that SB 319, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Shapiro requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 204 and recognized the author, Senator Patterson, to explain the bill. Senator Patterson sent up a committee substitute; the Chair recognized Senator Patterson to explain the difference between the committee substitute and the bill as filed. Senator Patterson moved that the committee substitute be adopted; without objection it was so ordered. At 9:40 am Senator Shapiro assumed the chair. At 9:43 am Senator Whitmire assumed the chair. Senator Patterson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Patterson requested unanimous consent to incorporate amendments into the committee substitute. Robert A. Montserrat, representing General Council for the Texas State Rifle Association, registered but did not testify in favor of the bill. Charles Wallace, representing self, registered but did not testify in favor of the bill. Dan West, representing Texas Concealed Handgun Instructors Association, testified in favor of the bill. Eural Davis, representing NASW and self, testified in favor of the bill. John Litteken, representing Concealed Handgun Training Inc., testified in favor of the bill. Jack Burch, representing self, testified on the bill. James D. Nicholson, representing Texas State Rifle Association, registered but did not testify in favor of the bill. Debby Tucker, representing Texans Against Gun Violence, testified in opposition to the bill. Frank Sturzl, representing Texas Municipal League, testified in opposition to the bill. Ken Walker, representing Lubbock Police Department, testified in opposition to the bill. Councilman Judson Robinson, representing City of Houston City Council, testified in opposition to the bill. Paul Bibler Jr., representing City of Houston, registered but did not testify in opposition to the bill. Richard Carroll, representing City of Allen, registered but did not testify in opposition to the bill. Tom Utter, representing City of Corpus Christi, testified in opposition to the bill. Ben Flanagan, representing Grapevine Police Department, registered but did not testify in opposition to the bill. Jimmy R. Fawcett, representing City of Farmers Branch and the Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Bruce D. Glasscock, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. James McLaughlin Jr. , representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Jerry Neal, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Ted Holder, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Barry W. Hooper, representing City of Dumas and the Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Chuck Williams, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Yost Zakhary, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Michael Courville, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Larry M. Hesser, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. G. M. Cox, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Gary W. Adams, representing Texas Police Chiefs Association, registered but did not testify in opposition to the bill. Jack Long, representing Duncanville Police Department, registered but did not testify in opposition to the bill. Larry Robinson, representing McKinney Police Department, registered but did not testify in opposition to the bill. Tom Cowan, representing Cleburne Police Department, registered but did not testify in opposition to the bill. Leo Medley , representing Humble Police Department, registered but did not testify in opposition to the bill. Bill Avera , representing Brownfield Police Department, registered but did not testify in opposition to the bill. W. M. Brodnax, representing Desoto Police Department, registered but did not testify in opposition to the bill. Ken Rogers, representing Panhandle Police Department, registered but did not testify in opposition to the bill. Rex Hoskins, representing Decatur Police Department, registered but did not testify in opposition to the bill. Barry Paris, representing City of Greenville Police Department, registered but did not testify in opposition to the bill. Monty Fitzgerald, representing Decatur Police Department, registered but did not testify in opposition to the bill. Jim Simpson, representing City of Bedford Police Department, registered but did not testify in opposition to the bill. Lannie Lee, representing Snyder Police Department, registered but did not testify in opposition to the bill. Buddy Herrington, representing Texas Nurses Association and the Nursing Agenda Coalition, testified in opposition to the bill. Ed Berger, representing Seton Healthcare Network and the Texas Association of Public and Non-Profit Hospitals, registered but did not testify in opposition to the bill. Robert K. Feather, representing Cook Children's Medical Center, registered but did not testify in opposition to the bill. Eileen McCarron, representing First Congregational Church, testified in opposition to the bill. Andrew Brown, representing Texas Association of Homes and Services for the Aging, testified in opposition to the bill. Richard Daly, representing Texas Catholic Conference, testified in opposition to the bill. Donald Lee, representing Conference of Urban Counties, testified in opposition to the bill. The Chair referred SB 204 to the Special Subcommittee on Senate Bill 204 for further consideration. The Chair appointed Senator Shapiro as Chair of the subcommittee and Senators Patterson and West as members of the subcommittee. There being no further business, at 10:49 am Senator Patterson moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator John Whitmire, Chair ______________________ Diana Lolley, Clerk