MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Thursday, May 1, 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 Thursday, May 1, 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 8:35 am.  There being  
         a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:  
         Senator Duncan 
         Senator Nelson 
         Senator Shapleigh 
         Senator West 
          
         HB 806 Greenberg/Wentworth 
         The Chair laid out HB 806 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Shapiro moved that HB 806 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, 0  
         present not voting, and 0 absent.   
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
  
         Senators Nelson, Shapleigh, and West requested unanimous  
         consent to be shown voting aye on HB 806, without objection it  
         was so ordered. 
          
         The final vote on HB 806 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         HB 2073 by Hightower/Brown 
         The Chair laid out HB 2073 and recognized the Senate sponsor,  
         Senator Brown, to explain the bill.   
         The Chair recognized Senator Brown to discuss a possible floor  
         amendment, no action was taken on the amendment. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Shapiro moved that HB 2073 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.   
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senators Shapleigh and West requested unanimous consent to be  
         shown voting aye on HB 2073, without objection it was so  
         ordered. 
          
         The final vote on HB 2073 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         HB 2074 by Hightower/Brown 
         The Chair laid out HB 2074 and recognized the Senate sponsor,  
         Senator Brown, 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 HB 2074, 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 0 absent.   
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senators Nelson and Shapleigh requested unanimous consent to  
         be shown voting aye on HB 2074, without objection it was so  
  
         ordered. 
          
         The final vote on HB 2074 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         HB 480 by Craddick/Bivins 
         The Chair laid out HB 480 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Shapiro moved that HB 480 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 0 absent.   
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on HB 480, without objection it was so ordered. 
          
         The final vote on HB 480 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         At 8:55 am Senator Shapiro assumed the chair.   
          
         HB 975 by Hightower/Whitmire 
         The Chair laid out HB 975 and recognized the Senate sponsor,  
         Senator Whitmire, to explain the bill.   
         The Chair called for public testimony, there being none,  
         public testimony was closed. 
          
         Senator Whitmire moved that HB 975 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 0 absent.   
          
         Senator Whitmire moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on HB 975, without objection it was so ordered. 
          
         The final vote on HB 975 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         HB 2075 Hightower/Whitmire 
         The Chair laid out HB 2075 and recognized the Senate sponsor,  
         Senator Whitmire, to explain the bill.   
          
          Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Whitmire moved that HB 2075 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 0 absent.   
          
         Senator Whitmire moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on HB 2075, without objection it was so ordered. 
          
         The final vote on HB 2075 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         HB 432 by Place/Whitmire 
         The Chair laid out HB 432 and recognized the Senate sponsor,  
         Senator Whitmire, to explain the bill.   
         The Chair called for public testimony, there being none,  
         public testimony was closed. 
          
         Senator Whitmire moved that HB 432 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 0 absent.   
          
         Senator Whitmire moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on HB 432, without objection it was so ordered. 
          
         The final vote on HB 432 was 7 ayes, 0 nays, 0 present not  
         voting, and 0 absent. 
          
         At 8:58 am Senator Whitmire resumed the chair.   
          
         HB 311 by Place/Patterson 
         The Chair recognized Senator Patterson on HB 311 which was  
         left pending from the previous hearing. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list. 
          
         Senator Patterson sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 2 and moved adoption.   
         The motion failed by a vote of 1 aye, 5 nays, 0 present not  
         voting, and 0 absent.   
          
         Senator Patterson sent up Committee Amendment 3 and moved  
         adoption.  The motion carried with a vote of 3 ayes, 2 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Patterson moved that HB 311, 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, 1 nay,  
         0 present not voting, and 0 absent.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on HB 311, without objection it was so ordered. 
          
         The final vote on HB 311 was 6 ayes, 1 nay, 0 present not  
         voting, and 0 absent. 
          
         No action was taken on the following bills: 
         SB 279 
         SB 1220 
         SB 1523 
         SB 1738 
          
         There being no further business, at 9:17 am Senator Whitmire  
         announced that the Committee stand recessed subject to the  
         call of the Chair.  
          
         __________________________ 
         Senator John Whitmire, Chair 
          
         __________________________ 
         Laura Appelt, Clerk