MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, March 25, 1997
9:00 a.m.
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, March 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 a.m. There
being a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Florence Shapiro
SB 143 by Harris
The Chair laid out SB 143 and recognized the author, Senator
Harris, to explain the bill. The Chair recognized Senator
Harris to explain the difference between the committee
substitute and the bill as filed. Testimony was taken on
CSSB 143.
Dave Garcia, representing Houston SPCA, registered in favor of
the bill but did not testify.
Robert L. Trimble, representing self, registered in favor of
the bill but did not testify.
Cathy Sisk, representing Harris County Attorney's Office,
registered in favor of the bill but did not testify.
James Bias, representing Humane Society of the United States,
registered in favor of the bill but did not testify.
Cile Halloway, representing self, registered in favor of the
bill but did not testify.
Diana Kantor, representing self, registered in favor of the
bill but did not testify.
Roxanna Nematollahi, representing self, registered in favor of
the bill but did not testify.
Mr. Coy Willis, representing Texas Animal Control Association,
submitted written testimony.
The Chair directed that the record reflect Senator Shapiro be
shown present.
Senator Shapleigh moved that SB 143 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 0 nays, 1
present not voting, and 0 absent.
Senator Shapleigh requested unanimous consent to certify the
bill for Local & Uncontested Calendar; without objection, it
was so ordered.
Senator Patterson moved that the vote to report SB 143
favorably be reconsidered because CSSB 143 was not adopted.
Without objection it was so ordered. Senator Patterson set up
the committee substitute for SB 143. Senator Patterson moved
adoption of the committee substitute, without objection, it
was so ordered. Senator Patterson moved that SB 143 do not
pass but that CSSB 143 be reported back to the full Senate
with the recommendation that it do pass and be printed. The
motion carried with a vote of 6 ayes, 0 nays 1 present not
voting, and 0 absent.
Senator Patterson requested unanimous consent to certify the
bill for Local & Uncontested Calender; without objection, it
was so ordered.
SB 758 by Shapleigh
The Chair laid out SB 758 and recognized the author, Senator
Shapleigh, to explain the bill.
At 9:35 a.m. Senator Shapiro assumed the chair.
At 9:38 a.m. Senator Whitmire resumed the chair.
Bonnie Escobar, representing Greater El Paso Chamber of
Commerce, testified in favor of the bill.
Jose R. Rodriguez, representing El Paso County Attorney,
testified in favor of the bill.
Fred Beall, representing Walmart Stores Inc., testified in
favor of the bill.
Sharon Hill, representing Southwest Hardware & Farm Implement
Dealers Association, registered in favor of the bill but did
not testify.
Mickey Moore, representing Texas Retailers Association,
registered in favor of the bill but did not testify.
Hector Gutierrez, representing City of El Paso, registered in
favor of the bill but did not testify.
Phil Cates, representing Texas Paint Council, testified in
opposition to the bill.
Robert Hills, representing National Council to Prevent
Delinquency, testified in opposition to the bill.
Senator Duncan moved that SB 758 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 381 by Shapiro
The Chair laid out SB 381 and recognized the author, Senator
Shapiro, to explain the bill.
Senator Shapiro sent up a committee substitute; the Chair
recognized Senator Shapiro to explain the difference between
the committee substitute and the bill as filed. Senator
Shapiro moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Ken Anderson, representing self, testified on the bill.
David Weeks, representing Walker County District Attorney and
Texas District and County Attorneys Association, testified on
the bill.
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered.
Senator Shapiro moved that SB 381 do not pass but that CSSB
381with incorporated amendments be reported back to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a vote of 6 ayes, 0 nays, 0 present not
voting, and 0 absent.
The Chair requested unanimous consent to show Senator West
present not voting on CSSB 381, pursuant to Senator West's
written request. This was granted without objection.
The final vote on CSSB 381 with incorporated amendments was 6
ayes, 0 nays, 1 present not voting, and 0 absent.
At 10:20 a.m. Senator Shapiro assumed the chair.
SB 663 by Whitmire
The Chair laid out SB 663 and recognized the author, 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.
Tony Fabelo, representing Criminal Justice Policy Council,
testified on the bill.
Ken Anderson, representing self, testified on the bill.
David Weeks, representing Texas District & County Attorneys
Association, testified on the bill.
Judge Larry Gist, representing Judicial Advisory Council,
testified in favor of the bill.
Sherri Wallace, representing John Vance, Dallas County
Criminal District Attorney, testified in favor of the bill.
Nicki Murchison, representing Greater Dallas Crime Commission,
testified in favor of the bill.
Senator Patterson moved that SB 663 do not pass but that CSSB
663 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.
At 10:44 a.m. Senator Whitmire resumed the chair.
There being no further business, at 10:45 a.m. Senator
Whitmire moved that the Committee stand recessed subject to
the call of the Chair. Without objection, it was so ordered.
______________________
Senator John Whitmire, Chair
______________________
Laura Appelt, Clerk