MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Sunday, May 18, 1997
6:00 pm or 30 minutes upon adjournment
Capitol Extension, Room E1.028
*****
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 Sunday, May 18, 1997 in the Capitol
Extension, Room E1.028, 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 4:50 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Robert Duncan
Senator Jane Nelson
Senator Jerry Patterson
HB 2222 by Rhodes/Armbrister
The Chair laid out HB 2222 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
Senator West moved that HB 2222 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.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
HB 1968 by Garcia/Carona
The Chair laid out HB 1968 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
Senator Shapiro moved that HB 1968 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.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 2324 by Allen/Wentworth (Tagged at 3:40 pm on 5-18-97/Tag
Lifted at 5:08 pm on 5-18-97)
The Chair laid out HB 2324 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 2324 see page 7)
HB 1370 by Garcia/Shapiro
The Chair laid out HB 1370 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Senator Shapiro sent up Committee Amendment 1, and moved
adoption; without objection it was so ordered.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 1370 see page 7)
HB 253 by Denny/Wentworth
The Chair laid out HB 253 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Wentworth 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 Shapiro moved that HB 253 do not pass but that CSHB
253 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, 1 nay, 0 present not voting, and 0 absent.
HB 2065 by King/Wentworth
The Chair laid out HB 2065 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 2065 see page 7)
HB 677 by Solomons/Haywood
The Chair laid out HB 677 and recognized the Senate sponsor,
Senator Haywood, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Haywood 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.
(For the vote on CSHB 677 see page 7)
HB 43 by McCall/Fraser
The Chair laid out HB 43 and recognized the Senate sponsor,
Senator Fraser, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
HB 43 was left pending.
HB 1912 by Wise/Lucio
The Chair laid out HB 1912 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
(For the vote on HB 1912 see page 7)
At 5:20 pm Senator Nelson assumed the chair.
HB 507 by Dutton/Whitmire
The Chair laid out HB 507 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 sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro moved that HB 507, 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 7 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.
HB 1427 by Hightower/Whitmire
The Chair laid out HB 1427 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 Shapiro moved that HB 1427 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.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 2899 by Crabb/Whitmire
The Chair laid out HB 2899 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 West moved that HB 2899 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.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 3244 by Gray/Whitmire
The Chair laid out HB 3244 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
(For the vote on HB 3244 see page 7)
At 5:31 pm Senator Whitmire resumed the chair.
HB 1467 by Punte/Shapleigh
The Chair laid out HB 1467 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
(For the vote on HB 1467 see page 7)
HB 2693 by Serna/Shapleigh
The Chair laid out HB 2693 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 2693 see page 7)
HB 2829 by Place/Shapleigh
The Chair laid out HB 2829 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
(For the vote on HB 2829 see page 7)
HB 819 by Cuellar/Ellis
The Chair laid out HB 819 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 819 see page 7)
HB 1333 Hochberg/Ellis
The Chair laid out HB 1333 and recognized Senator Shapleigh,
in the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 1333 see page 7)
HB 1917 by Goodman/West
The Chair laid out HB 1917 and recognized the Senate sponsor,
Senator West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 1917 see page 7)
HB 2592 by Tillery/West
The Chair laid out HB 2592 and recognized the Senate sponsor,
Senator West, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
(For the vote on HB 2592 see page 7)
HB 2749 by McClendon/West
The Chair laid out HB 2749 and recognized the Senate sponsor,
Senator West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 2749 see second set of group votes)
HB 1928 by McClendon/West
The Chair laid out HB 1928 and recognized the Senate sponsor,
Senator West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(For the vote on HB 1928 see second set of group votes)
(Group Vote)
Senator Patterson moved that HB 3244, HB 1467, HB 2693, HB
2829, and HB 819 be reported favorably to the full Senate with
the recommendation that they do pass and be printed. The
motion carried with a vote of 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
Senator Patterson moved that the bills be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 1333 by Hochberg/Ellis
Senator Patterson moved that HB 1333 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, 1 nay, 0
present not voting, and 0 absent.
(Group Vote)
Senator West moved that HB 1917, HB 1928, HB 2592 as
substituted, and HB 2749 be reported favorably to the full
Senate with the recommendation that they do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator West moved that the bills be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
(Group Vote)
Senator Shapiro moved that HB 1370 as amended, HB 1912, HB
2324, HB 677 as substituted, and HB 2065 be reported favorably
to the full Senate with the recommendation that they do pass
and be printed. The motion carried with a vote of 7 ayes, 0
nays, 0 present not voting, and 0 absent.
Senator Shapiro moved that the bills be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 981 by Alexander/Cain
The Chair laid out HB 981 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
HB 1142 by Patterson, L. P./Cain
The Chair laid out HB 1142 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
HB 3229 by Oakley/Cain
The Chair laid out HB 3229 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
(Group Vote)
Senator Shapiro moved that HB 981, HB 1142 as amended, and HB
3229 be reported favorably to the full Senate with the
recommendation that they do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
Senator West moved that the bills be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
HB 1230 by Place/Duncan
The Chair laid out HB 1230 and recognized Senator Patterson,
in the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Patterson moved that HB 1230 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.
HB 1684 by Clark/Duncan
The Chair laid out HB 1684 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.
Senator Duncan moved that HB 1684 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.
HB 156 by Driver/Shapiro
The Chair laid out HB 156 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.
HB 2283 by Farrar/Shapiro
The Chair laid out HB 2283 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(Group Vote)
Senator Shapiro moved that HB 156, as amended, and HB 2283 be
reported back to the Senate with the recommendation that they
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Shapiro moved that HB 2283 be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 7:28 pm Senator Shapiro assumed the chair.
HB 972 by Jones/Whitmire
The Chair laid out HB 972 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 972 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.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 7:30 pm Senator Whitmire resumed the chair.
HB 126 by Danburg/Patterson
The Chair laid out HB 126 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
HB 2396 by Finnell/Patterson
The Chair laid out HB 2396 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 2502 by Elkins/Patterson
The Chair laid out HB 2502 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 2634 by Place/Patterson
The Chair laid out HB 2634 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
The Chair called for public testimony, there being none,
public testimony was closed.
HB 2738 by Uher/Patterson
The Chair laid out HB 2738 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
(Group Vote)
Senator Patterson moved that HB 126, HB 2396, HB 2502, HB
2634, and HB 2738 be reported favorably to the full Senate
with the recommendation that they do pass and be printed. The
motion carried with a vote of 7 ayes, 0 nays, 0 present not
voting, and 0 absent.
Senator Patterson moved that the bills be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 7:39 pm Senator Patterson assumed the chair.
HB 2874 by Goodman/Whitmire (Tagged at 4:52 pm on 5-18-97/Tag
Lifted at 6:01 pm on 5-18-97)
The Chair laid out HB 2874 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 2874 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.
HB 921 by Danburg/Shapiro
The Chair laid out HB 921 and recognized Senator Whitmire, in
the absence of the Senate sponsor, to explain the bill.
(Senator Shapiro arrived to complete the explanation of the
bill and to answer questions.)
At 7:55 pm Senator Nelson assumed the chair.
At 7:57 pm Senator Whitmire resumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro moved that HB 921 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.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 2909 by Carter/Patterson (Tagged at 4:41 pm 5-16-97/Tag
expired at 6 pm on 5-18-97)
The Chair laid out HB 2909 and recognized Senator Nelson, in
the absence of the Senate sponsor, to explain the bill.
(Senator Patterson arrived to complete the explanation of the
bill and to answer questions.)
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Patterson moved that HB 2909 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, 2 nays, 0
present not voting, and 0 absent.
The following bills were tagged:
HB 57
HB 133
HB 278
HB 3256
HB 3373
No action was taken on the following bills:
HB 195
HB 279
HB 547
HB 837
HB 1259
HB 2516
HB 2897
HB 3375
HB 3377
HCR 132
There being no further business, at 8:16 pm Senator Whitmire
announced that the Committee be adjourned.
_________________________
Senator John Whitmire, Chair
_________________________
Laura Appelt, Clerk