MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, May 13, 1997
1:30 pm
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, May 13, 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 1:35 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Patterson
At 1:37 pm Senator Shapiro assumed the chair.
SCR 44 by Sibley
The Chair laid out SCR 44 and recognized Senator Whitmire, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Whitmire moved that SCR 44 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 Whitmire 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 SCR 44, without objection it was so ordered.
The final vote on SCR 44 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
At 1:41 pm Senator Whitmire resumed the chair.
HB 115 by Tillery/Shapiro
The Chair laid out HB 115 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro moved that HB 115 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 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 HB 115, without objection it was so ordered.
The final vote on HB 115 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
HB 279 by West/Duncan
The Chair laid out HB 279 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
HB 279 was left pending.
HB 658 by Burnam/Moncrief
The Chair laid out HB 658 and recognized the Senate sponsor,
Senator Moncrief, 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 HB 658, 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 HB 658, without objection it was so ordered.
The final vote on HB 658 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
HB 2561 by Gallego/Moncrief
The Chair laid out HB 2561 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
HB 2561 was left pending.
HB 2082 by Hightower/West
The Chair laid out HB 2082 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 2082 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 2082, without objection it was so ordered.
The final vote on HB 2082 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
HB 2827 by Place/Duncan
The Chair laid out HB 2827 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan 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 Duncan moved that HB 2827 do not pass but that CSHB
2827 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 Duncan 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 2827, without objection it was so ordered.
The final vote on HB 2827 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
HB 1238 by Junell/Duncan
The Chair laid out HB 1238 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
Senator Duncan moved that HB 1238 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 Duncan 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 1238, without objection it was so ordered.
The final vote on HB 1238 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
At 2:10 pm Senator Shapiro assumed the chair.
HB 2918 by Place/Whitmire
The Chair laid out HB 2918 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
Senator Whitmire sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Whitmire sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Whitmire sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro sent up Committee Amendment 4 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Whitmire moved that HB 2918, 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 0 absent.
Senator Whitmire 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 2918, without objection it was so ordered.
The final vote on HB 2918 was 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
HB 312 by Place/Whitmire
The Chair laid out HB 312 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 312 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 Shapleigh requested unanimous consent to be shown
voting aye on HB 312, without objection it was so ordered.
The final vote on HB 312 was 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
At 2:24 pm Senator Whitmire resumed the chair.
HB 1150 Greenberg/Shapiro
The Chair laid out HB 1150 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro moved that HB 1150, 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 HB 1150, without objection it was so ordered.
The final vote on HB 1150 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
At 2:30 pm Senator Shapiro assumed the chair.
HB 1301 by Allen/Whitmire
The Chair laid out HB 1301 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
Senator Whitmire sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator West sent up Committee Amendment 2 and moved adoption;
without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Whitmire moved that HB 1301, 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 Whitmire 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 1301, without objection it was so ordered.
The final vote on HB 1301 was 6 ayes, 0 nays, 0 present not
voting, and 1 absent.
At 2:34 pm Senator Whitmire resumed the chair.
HB 818 by Cuellar/Patterson
The Chair laid out HB 818 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
Senator Patterson sent up a committee substitute; the Chair
recognized Senator Patterson to explain the difference between
the committee substitute and the bill as filed. Senator
Patterson 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.
HB 818 was left pending.
HB 3278 by Counts/Patterson (Rules Suspended)
The Chair laid out HB 3278 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
Senator Patterson sent up a committee substitute; the Chair
recognized Senator Patterson to explain the difference between
the committee substitute and the bill as filed. Senator
Patterson moved adoption of the committee substitute, without
objection, it was so ordered.
The Chair called for public testimony, there being none,
public testimony was closed.
HB 3278 was left pending.
HB 2257 by Luna/Brown (Rules Suspended)
The Chair laid out HB 2257 and recognized Senator Patterson,
in the absence of the Senate sponsor, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
HB 2257 was left pending.
HB 1070 by Van de Putte/Madla
The Chair laid out HB 1070 and recognized Senator Patterson,
in the absence of the Senate sponsor, to explain the bill.
Senator Patterson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Patterson sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
HB 1070 was left pending.
There being no further business, at 2:40 pm Senator Whitmire
announced 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