MINUTES
         
                       SENATE COMMITTEE ON CRIMINAL JUSTICE
                            Tuesday, February 25, 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 25, 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 9:10 am.  The following 
         business was transacted.  
         
         The following members arrived after the roll was called:  
         Senator Florence Shapiro
         Senator Robert Duncan
         Senator Jane Nelson
         Senator Jerry Patterson
         
         SB 67 by Moncrief
         
         The Chair laid out SB 67 and recognized the author, Senator 
         Moncrief, to explain the bill.  
         
         David McNutt, representing Texas Department of Criminal Justice, 
         testified on the bill.
         
         The Chair left SB 67 pending the presence of a quorum.
         
         
         SB 160 by Brown
         
         The Chair laid out SB 160 and recognized the author, Senator 
         Brown, to explain the bill.  
         
 
         





         Sherri Wallace, representing Dallas County District Attorney, 
         registered but did not testify in favor of the bill.
         
         Robert Kepple, representing Texas District and County Attorneys 
         Association, testified on the bill.
         
         The Chair left SB 160 pending the presence of a quorum.
         
         SB 174 by Brown
         
         The Chair laid out SB 174 and recognized the author, Senator 
         Brown, to explain the bill.  
         
          Jerome Aldrich, representing Brazoria County , testified in 
         favor of the bill.
         
         The Chair left SB 174 pending the presence of a quorum.
         
         SB 121 by Bivins
         
         The Chair laid out SB 121 and recognized the author, Senator 
         Bivins, to explain the bill.  
         
         Senator West sent up a committee substitute; the Chair 
         recognized Senator Bivins to explain the difference between the 
         committee substitute and the bill as filed.  Senator West moved 
         the committee substitute be adopted; without objection it was so 
         ordered.
         
         Tom Krampitz, representing Texas District and County Attorneys 
         Association, testified on the bill.
         
         David Baglagia, representing Travis County Sheriff's Office, 
         testified in favor of the bill.
         
         Dan T. Richards, representing Travis County Sheriff's Office, 
         testified in favor of the bill.
         
         The Chair directed that the record reflect that Senators Duncan 
         and Nelson be shown present.
         
         A quorum was present.
         
         
         
         Senator West moved that SB 121 not pass but that CSSB 121 be 
         reported favorably to the full Senate with the recommendation 
         that it do pass and be printed.  The motion carried with a vote 
         of 5 ayes, 0 nays, 0 present not voting, and 0 absent.  
         
         SB 78 by Ellis
         
         The Chair laid out SB 78 and recognized the author, Senator 
         Ellis, to explain the bill.  
 
         





         
         Mike Davis, representing State Fire Marshal's Office, registered 
         but did not testify on the bill.
         
         Rev. B. W. McClendon, representing St. James Baptist Fellowship, 
         testified in favor of the bill.
         
         Rev. Frank Garrett, Jr. , representing Bethel-St. Paul United 
         Baptist Church, testified in favor of the bill.
         
         Bruce Casteel, representing Texas Department of Public 
         Safety/Texas Rangers, registered but did not testify in favor of 
         the bill.
         
         William A. Bennie, representing Texas Rangers, registered but 
         did not testify in favor of the bill.
         
         Kerry Baker, representing Hillel Foundation, testified in favor 
         of the bill.
         
         Ken Bailey, representing Texas State Association of Fire 
         Fighters, registered but did not testify in favor of the bill.
         
         Randy Cain, representing Texas Fire Chiefs Association, 
         registered but did not testify in favor of the bill.
         
         The Chair directed that the record reflect that Senators 
         Patterson and Shapiro be shown present.
         
         Senator West moved that SB 78 be reported favorably to the full 
         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.  
         
         The Chair moved that Senator Shapiro be shown voting aye on CSSB 
         121; without objection it was so ordered.
         
         The Chair moved that Senator Patterson be shown voting aye on 
         CSSB 121; without objection it was so ordered.
         
         SB 170 by West
         
         The Chair laid out SB 170 and recognized the author, Senator 
         West, to explain the bill.  
         
         Lisa Toth, representing self, testified in favor of the bill.
         
         Andy Kahan, representing City of Houston Mayor's Office, 
         testified in favor of the bill.
         
         Sherri Wallace, representing John Vance, Criminal District 
         Attorney for Dallas County, testified in favor of the bill.
         
         Senator West moved that SB 170 be reported favorably to the full 
         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.  
         
         SB 174 by Brown
         
         Senator West moved that SB  174 be reported favorably to the 
         full 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 West requested unanimous consent to certify the bill for 
         Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         SB 160 by Brown
         
         Senator Shapiro moved that SB 160 be reported favorably to the 
         full 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.  
         
         SB 67 by Moncrief
         
         Senator Patterson moved that SB 67 be reported favorably to the 
         full 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 Patterson requested unanimous consent to certify the 
         bill for Local & Uncontested Calendar; without objection, it was 
         so ordered.  
         
         There being no further business, at 10:11 am Senator Shapiro 
         moved that the Committee stand recessed subject to the call of 
         the Chair.  Without objection, it was so ordered.  
         
         
         ______________________
         Senator John Whitmire, Chair
         
         
         ______________________