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 ______________________