MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, March 31, 1999
2:00 pm
Capitol Extension, Room 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 31, 1999 in the Capitol
Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Mike Jackson
Senator Robert Duncan Senator Florence
Shapiro
Senator Jane Nelson
Senator Royce West
Senator John Whitmire
*****
The Chair called the meeting to order at 2:20 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Mike Jackson
Senator Florence Shapiro
The Chair laid out SB 370 and recognized the author, Senator
Brown, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed.
At 3:00 pm Senator Duncan assumed the chair.
Senator Armbrister 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 Armbrister sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 4 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 6 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 7 and moved
adoption; without objection, the amendment was adopted.
Senator Duncan sent up Committee Amendment 8 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 9 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 10 and then
withdrew the amendment.
Senator Whitmire sent up Committee Amendment 11 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister requested unanimous consent to incorporate
amendments into the committee substitute. Senator Armbrister
then moved that the new committee substitute be adopted.
Senator Armbrister moved that SB 370 do not pass but that
CSSB 370 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 Jackson and Shapiro requested unanimous consent to be
shown voting aye on CSSB 370. There being no objection, the
motion prevailed.
At 3:50 pm Senator Armbrister resumed the chair.
The Chair laid out SB 365 and recognized the author, Senator
Brown, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Duncan 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. Public testimony was closed.
Senator Whitmire requested unanimous consent to incorporate
amendments into the committee substitute. Senator Duncan then
moved that the new committee substitute be adopted. Senator
Duncan moved that SB 365 do not pass but that CSSB 365 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 1 absent.
Senators Jackson and Shapiro requested unanimous support to be
shown voting aye on CSSB 365. There being no objection, the
motion prevailed.
The Chair laid out SB 352 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan moved that SB 352 be reported favorably 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 1 absent.
Senators Jackson and Shapiro requested unanimous consent to be
shown voting aye on SB 352. There being no objection, the
motion prevailed.
The Chair laid out SB 371 and recognized the author, Senator
Brown, to explain the bill.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Brown 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. Public testimony was closed.
Senator Duncan moved that SB 371 do not pass but that CSSB 371
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 1 absent.
Senators Jackson and Shaprio requested unanimous consent to
be shown voting aye on CSSB 371. There being no objection,
the motion prevailed.
At 4:30 pm Senator Duncan assumed the chair.
The Chair laid out SB 1105 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Whitmire moved that SB 1105 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 Jackson and Shapiro requested unanimous consent to be
shown voting aye on SB 1105. There being no objection, the
motion prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1734 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan moved that SB 1734 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 Jackson and Shapiro requested unanimous consent to
be shown voting aye on SB 1734. There being no objection, the
motion prevailed.
Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1514 and recognized the author, Senator
Armbrister, in the absence of the author, to explain the bill.
Senator Armbrister sent up a committee substitute; the Chair
recognized Senator Armbrister to explain the difference
between the committee substitute and the bill as filed.
Senator Armbrister 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. Public testimony was closed.
Senator Whitmire moved that SB 1514 do not pass but that CSSB
1514 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, 1 present not voting, and 0 absent.
Senators Jackson and Shapiro requested unanimous consent to be
shown aye on CSSB 1514. There being no objection, the motion
prevailed.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 1116 and recognized the author, Senator
Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 1116 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.
At 4:50 pm Senator Armbrister resumed the chair.
Senators Jackson, Shaprio and Whitmire requested unanimous
consent to be shown voting aye on SB 1116. There being no
objection, the motion prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 5:30 pm Senator Whitmire assumed the chair.
The Chair laid out SB 577 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Armbrister sent up Committee Amendment 1 and moved
adoption; there being no objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 577, 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 Jackson and Shapiro requested unanimous consent to be
shown voting aye on SB 577, as amended. There being no
objection, the motion prevailed.
The Chair laid out SB 578 and recognized the author, Senator
Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 578 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 Jackson, Nelson and Shapiro requested unanimous
consent to be shown aye on SB 578. There being no objection,
the motion prevailed.
The Chair laid out SB 579 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Armbrister 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. Public testimony was closed.
Senator Armbrister moved that SB 579, 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 Jackson, Nelson and Shapiro requested unanimous
consent to be shown aye on SB 579, as amended; without
objection, the motion prevailed.
The Chair laid out SB 1124 and recognized the author, Senator
Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 1124 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1125 and recognized the author, Senator
Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 1125 be left pending; without
objection, it was so ordered.
At 6:25 pm Senator Armbrister resumed the chair.
Senator Whitmire moved adoption of the minutes from March 24,
1999; there being no objection, the motion prevailed.
There being no further business, at 6:30 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