MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                             Tuesday, April 29, 1997 
                                     8:30 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, April 29, 1997 in the Capitol  
         Extension, Room E1.012, at Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator John Whitmire                   Senator Robert Duncan 
         Senator Florence Shapiro 
         Senator Jane Nelson 
         Senator Jerry Patterson 
         Senator Eliot Shapleigh 
         Senator Royce West 
          
                                      ***** 
          
         The Chair called the meeting to order at 8:35 am.  There being  
         a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         Senator Shapiro 
         Senator Patterson 
         Senator Shapleigh 
         Senator West 
          
         SB 12 by Luna 
         The Chair laid out SB 12 and recognized the author, Senator  
         Luna, to explain the bill.   
          
         Senator Nelson sent up a committee substitute; the Chair  
         recognized Senator Luna to explain the difference between the  
         committee substitute and the bill as filed.  Senator Nelson  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Nelson moved that SB 12 do not pass but that CSSB 12  
         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 1 absent.   
         Senator Nelson moved that the bill be recommended for  
  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         HB 749 by Dunnam/Sibley 
         The Chair laid out HB 749 and recognized the Senate sponsor,  
         Senator Sibley, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Nelson moved that HB 749 be reported favorably 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, 0  
         present not voting, and 1 absent.   
          
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         HB 1155 by Hightower/Brown 
         The Chair laid out HB 1155 and recognized the Senate sponsor,  
         Senator Brown, to explain the bill.   
         Senator Nelson sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Patterson moved that HB 1155, 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 5 ayes, 0 nays,  
         0 present not voting, and 1 absent.   
          
         Senator Patterson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator West requested unanimous consent to be shown voting  
         aye on HB 1155, without objection it was so ordered. 
          
         The final vote on HB 1155 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         HB 1386 by Gray/Brown 
         The Chair laid out HB 1386 and recognized the Senate sponsor,  
         Senator Brown, to explain the bill.   
         Senator Patterson sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Shapiro moved that HB 1386, 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 6 ayes, 0 nays,  
  
         0 present not voting, and 1 absent.   
          
         HB 1545 by Finnell/Haywood 
         The Chair laid out HB 1545 and recognized the Senate sponsor,  
         Senator Haywood, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Nelson moved that HB 1545 be reported favorably 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, 0  
         present not voting, and 1 absent.   
          
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         SB 108 by Cain 
         The Chair recognized Senator Cain to take up  SB 108, which  
         was previously laid out.   
          
         Senator Nelson sent up a committee substitute; the Chair  
         recognized Senator Cain to explain the difference between the  
         committee substitute and the bill as filed.  Senator Nelson  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
          
         Senator Nelson moved that SB 108 do not pass but that CSSB 108  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a vote of 5  
         ayes, 0 nays, 1 present not voting, and 1 absent.   
          
         HB 1050 by Gutierrez/Moncrief 
         The Chair laid out HB 1050 and recognized the Senate sponsor,  
         Senator Moncrief, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Patterson moved that HB 1050 be reported favorably 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, 0  
         present not voting, and 1 absent.   
          
         SB 1827 by Shapleigh 
         The Chair recognized Senator Shapleigh to take up SB 1827  
         which was previously laid out.   
          
         Senator Shapleigh sent up a committee substitute; the Chair  
         recognized Senator Shapleigh to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Shapleigh moved adoption of the committee substitute, without  
         objection, it was so ordered. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Shapleigh moved that SB 1827 do not pass but that CSSB  
         1827 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 1 absent.   
          
         Senator Shapleigh moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         HB 485 by McClendon/Nelson 
         The Chair laid out HB 485 and recognized the Senate sponsor,  
         Senator Nelson, to explain the bill.   
         The Chair called for public testimony, there being none,  
         public testimony was closed. 
          
         Senator Nelson moved that HB 485 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 1 absent.   
          
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on HB 485, without objection it was so ordered. 
          
         The final vote on HB 485 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         HB 311 by Place/Patterson 
         The Chair laid out HB 311 and recognized the Senate sponsor,  
         Senator Patterson, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         HB 311 was left pending. 
          
         HB 2826 by Place/West 
         The Chair laid out HB 2826 and recognized the Senate sponsor,  
         Senator West, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator West moved that HB 2826 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 1 absent.   
          
         Senator West moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar, without objection, it was  
  
         so ordered.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on HB 2826, without objection it was so ordered. 
          
         The final vote on HB 2826 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         SB 1238 by West 
         The Chair laid out SB 1238 and recognized the author, Senator  
         West, to explain the bill.   
          
         Senator West sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator West moved that SB 1238, 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 5 ayes, 0 nays, 0  
         present not voting, and 1 absent.   
         Senator West moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar, without objection, it was  
         so ordered.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on SB 1238, without objection it was so ordered. 
          
         The final vote on SB 1238 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         SB 1835 by Shapiro 
         The Chair laid out SB 1835 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Shapiro moved that SB 1835, 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 5 ayes, 0 nays,  
         0 present not voting, and 1 absent.   
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on SB 1835, without objection it was so ordered.  
          
         The final vote on SB 1835 was 6 ayes, 0 nays, 0 present not  
  
         voting, and 1 absent. 
          
         SB 1232 by Shapiro 
         The Chair laid out SB 1232 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. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         Senator Shapiro moved that SB 1232 do not pass but that CSSB  
         1232 be reported back to the 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 1 absent.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on SB 1232, without objection it was so ordered.  
          
         The final vote on SB 1232 was 6 ayes, 0 nays, 0 present not  
         voting, and 1 absent. 
          
         SB 612 by Harris 
         The Chair recognized Senator Harris to take up SB 612, which  
         was left pending from the previous  hearing. 
          
         Senator Nelson moved that SB 612 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, 1 nay, 0  
         present not voting, and 1 absent.   
          
         Senator Shapleigh requested unanimous consent to be shown  
         voting aye on SB 612, without objection it was so ordered.  
          
         The final vote on SB 612 was 5 ayes, 1 nay, 0 present not  
         voting, and 1 absent. 
          
         There being no further business, at 9:59 am Senator Whitmire  
         announced that the Committee stand recessed subject to the  
         call of the Chair.   
          
         __________________________ 
         Senator John Whitmire, Chair 
          
         __________________________ 
         Laura Appelt, Clerk