MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, April 7, 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, April 7, 1999 in the Capitol
Extension, Room 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 2:25 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 1256 and recognized the author, Senator
Nelson, 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 1256 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 Duncan, West and Whitmire requested unanimous consent
to be shown voting aye on SB 1256, without objection, the
motion prevailed.
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 1789 and recognized the author, Senator
Nelson, 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 1789 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 Duncan, West and Whitmire requested unanimous consent
to be shown voting aye on SB 1789; without objection, the
motion prevailed.
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 6 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. Senator
Shapiro moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Jackson moved that SB 6 do not pass but that CSSB 6
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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on CSSB 6; without objection,
the motion prevailed.
Senator Jackson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 2:40 pm Senator Jackson assumed the chair.
The Chair laid out SB 1409 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Senator West sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Duncan moved that SB 1409, 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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on SB 1409, as amended. There
being no objection, the motion prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 3:00 pm Senator Armbrister resumed the chair.
The Chair laid out SB 634 and recognized the author, Senator
Madla, to explain the bill.
Senator Jackson sent up CSSB 634 and moved adoption; without
objection, the committee substitute was adopted.
CSSB 634 was left pending at the request of the author.
The Chair laid out SB 1571 and recognized the author, Senator
West, to explain the bill.
Senator West sent up a committee substitute; the Chair
recognized Senator West to explain the difference between the
committee substitute and the bill as filed. Senator West
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 West moved that SB 1571 do not pass but that CSSB 1571
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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on CSSB 1571; without
objection, the motion prevailed.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 840 and recognized the author, Senator
West, to explain the bill.
Senator West sent up a committee substitute; the Chair
recognized Senator West 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 Duncan 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.
Senator West requested unanimous consent to incorporate
amendments into the committee substitute. Senator West then
moved that the new committee substitute be adopted. Senator
West moved that SB 840 do not pass but that CSSB 840 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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on CSSB 840. There being no
objection, the motion prevailed.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 1576 and recognized Senator Duncan, 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 West moved that SB 1576 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 Nelson, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on SB 1576. There being no
objection, the motion prevailed.
The Chair laid out SB 1577 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator West moved that SB 1577 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 Nelson and Shapiro requested unanimous consent to be
shown voting aye on SB 1577. There being no objection, the
motion prevailed.
The Chair laid out SB 1578 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator West moved that SB 1578 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 voting aye on SB 1578. There being no
objection, the motion prevailed.
The Chair laid out SB 919 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Wentworth 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.
Senator Shapiro moved that SB 919 do not pass but that CSSB
919 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, Jackson and Whitmire requested unanimous
consent to be shown voting aye on CSSB 919. There being no
objection, the motion prevailed.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 4:40 pm Senator Duncan assumed the chair.
The Chair laid out SB 1579 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator West moved that SB 1579, 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 Duncan, Jackson and Whitmire requested unanimous
consent to be shown voting aye on SB 1579, as amended. There
being no objection, the motion prevailed.
The Chair laid out SB 1580 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Duncan sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator West moved that SB 1580, 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 Duncan, Jackson and Whitmire requested unanimous
consent to be shown voting aye on SB 1580, as amended. There
being no objection, the motion prevailed.
At 5:00 pm Senator Armbrister assumed the chair.
The Chair laid out SB 8 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator West sent up a committee substitute; the Chair
recognized Senator West to explain the difference between the
committee substitute and the bill as filed. Senator West
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator West moved that SB 8 do not pass but that CSSB 8 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, Jackson and Whitmire requested unanimous
consent to be shown aye on CSSB 8. There being no objection,
the motion prevailed.
At 8:30 pm Senator Shapiro assumed the chair.
The Chair laid out SB 1774 and recognized 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 sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister requested unanimous consent to incorporate
amendments into the committee substitute. There being no
objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
CSSB 1774 was left pending at the request of Senator
Armbrister.
The Chair laid out SB 650 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 Armbrister moved that SB 650 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, West and Whitmire requested unanimous
consent to be shown aye on SB 650. 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.
The Chair laid out SB 1123 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.
Senator Armbrister 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.
SB 1123 was left pending at the request of the author.
The Chair laid out SB 734 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 734 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, West and Whitmire requested unanimous
consent to be shown voting aye on SB 734. 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.
The Chair laid out SB 1486 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 1486 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, West and Whitmire requested unanimous
consent to be shown voting aye on SB 1486. 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 9:30 pm Senator Armbrister resumed the chair.
Senator Shapiro moved adoption of the minutes from March 31,
1999; there being no objection, the motion prevailed.
There being no further business, at 9:35 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