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