MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                            Wednesday, March 3, 1999 
                                     2:00 pm 
                                     E1.016 
          
                                      ***** 
          
         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 Wednesday, March 3, 1999 in E1.016, at  
         Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              None 
         Senator Robert Duncan 
         Senator Mike Jackson 
         Senator Jane Nelson 
         Senator Florence Shapiro 
         Senator Royce West 
         Senator John Whitmire 
          
                                      ***** 
          
         The Chair called the meeting to order at 2:05 pm.  There being  
         a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         none. 
          
         The Chair laid out SB 565 and recognized the author, Senator  
         Jackson, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         The Chair moved that SB 565 be left pending, it was so  
         ordered. 
          
         Senator Nelson moved adoption of the minutes from February  
         24,1999, there being no objection, the motion prevailed. 
          
         The Chair laid out SB 163 and recognized the author, Senator  
         Carona, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Nelson moved that SB 163 be reported favorably 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 Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair laid out SB 41 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         At the request of the author, SB 41 was left pending.  Without  
         objection, it was so ordered. 
          
         At 3:25 pm Senator Duncan assumed the chair.   
          
         The Chair laid out SB 43 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.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro requested unanimous consent to incorporate  
         amendments into the committee substitute. Without objection,  
         it was so ordered.  Senator Shapiro then moved that the new  
         committee substitute be adopted.  Senator Shapiro moved that  
         SB 43 do not pass but that CSSB 43 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.   
          
         Senators Duncan, West and Whitmire requested unanimous consent  
         to be shown voting aye on CSS 43, without objection, the  
         motion prevailed. 
          
         At 3:55 pm Senator Armbrister resumed the chair.   
          
         The Chair laid out SB 33 and recognized the author, Senator  
         Shapiro, to explain the bill.   
         Senator Shapiro sent up CSSB 33 and moved adoption; without  
         objection, the committee substitute was adopted. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro moved that SB 33 do not pass but that CSSB 33  
  
         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.   
          
         Senators Duncan, West and Whitmire requested unanimous consent  
         to be shown voting aye on CSSB 33, without objection, the  
         motion prevailed. 
          
         The Chair laid out SB 31 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Senator Shapiro sent up CSSB 31 and moved adoption, without  
         objection, the committee substitute was adopted. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro moved that SB 31 do not pass but that CSSB 31  
         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.   
          
         Senators West and Whitmire requested unanimous consent to be  
         shown voting aye on CSSB 31, without objection, it was so  
         ordered. 
          
         Senator Shapiro moved certification of CSSB 31 for the local  
         and uncontested calendar, without objection, it was so  
         ordered. 
          
         The Chair laid out SB 399 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro moved that SB 399 be reported favorably 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.   
          
         Senators West and Whitmire requested unanimous support to be  
         shown voting aye on SB 399, without objection, it was so  
         ordered. 
          
         The Chair laid out SB 400 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro sent up Committee Amendment 1. 
          
         Senator Jackson sent up an amendment to Committee Amendment 1  
         and moved adoption.  Without objection, it was so ordered.  
  
         Senator Shapiro moved adoption of  Committee Amendment 1 as  
         amended.  Without objection, it was so ordered.   
          
         Senator Shapiro moved that SB 400, as amended, be reported  
         favorably 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.   
          
         Senators West and Whitmire requested unanimous consent to be  
         shown voting aye on SB 400, as amended, without objection, it  
         was so ordered. 
          
         The Chair laid out SB 420 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro moved that SB 420 be reported favorably 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.   
          
         Senators West and Whitmire requested unanimous consent to be  
         shown voting aye on SB 420, without objection, it was so  
         ordered. 
          
         Senator Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         There being no further business, at 5:40 pm Senator Armbrister  
         moved that the Committee stand recessed subject to the call of  
         the Chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator Kenneth Armbrister, Chair 
          
         ______________________ 
         Kelly C. Gilbert, Clerk