MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, May 12, 1999
1:00 pm
Capitol Extension, Room E1.016
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11 and a suspension of Senate Rule 11.11, a public hearing
of the Senate Committee on Criminal Justice was held on
Wednesday, May 12, 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 1:55 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 HB 806 and recognized the Senate sponsor,
Senator Carona, 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 HB 806 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 Nelson requested unanimous
consent to be shown voting aye on HB 806. 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 HB 1100 and recognized the Senate sponsor,
Senator Carona, 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 HB 1100 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 Nelson requested unanimous
consent to be shown voting aye on HB 1100. 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 HB 3255 and recognized the Senate sponsor,
Senator Carona, 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 HB 3255 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 Nelson requested unanimous
consent to be shown voting aye on HB 3255. 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 HB 3456 and recognized the Senate sponsor,
Senator Carona, 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 HB 3456 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 Nelson requested unanimous
consent to be shown voting aye on HB 3456. 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 HB 2879 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Senator West sent up Committee Amendment 1 and moved adoption.
Without objection, the amendment was adopted.
There were no witnesses on the bill.
Senator West moved that HB 2879, 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 6
ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Jackson requested unanimous consent to be shown voting
aye on HB 2879. Without objection, the motion prevailed.
The Chair laid out HB 861 and recognized the Senate sponsor,
Senator Ellis, 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 HB 861 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 and Jackson requested unanimous consent to be
shown voting aye on HB 861. 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 HB 1082 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
There were no witnesses on the bill.
Senator Whitmire moved that HB 1082 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 and Jackson requested unanimous consent to be
shown voting aye on HB 1082. 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 HB 91 and recognized the Senate sponsor,
Senator Ellis, 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 HB 91 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 and Jackson requested unanimous consent to be
shown voting aye on HB 91. 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.
The Chair laid out HB 1001 and recognized the Senate sponsor,
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 HB 1001 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 and Jackson requested unanimous consent to be
shown voting aye on HB 1001.
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 HB 3209 and recognized the Senate sponsor,
Senator West, to explain the bill.
Senator West sent up Committee Amendment 1 and moved
adoption. Without objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator West moved that HB 3209, 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 3209. 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 HB 635 and recognized the Senate sponsor,
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 HB 635 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 and West requested unanimous consent to be
shown voting aye on HB 635. Without objection, the motion
prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out SB 128 and recognized the author, Senator
Nelson, to explain the bill.
Senator Nelson sent up CSSB 128 and explained the difference
between the bill and the substitute.
Senator Nelson 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 Nelson requested unanimous consent to incorporate
amendments into the committee substitute. Senator Nelson then
moved that the new committee substitute be adopted. Senator
Nelson moved that SB 128 do not pass but that CSSB 128 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 Duncan, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on CSSB 128. There being no
objection, the motion prevailed.
Senator Jackson assumed the chair at 3:10 pm.
The Chair laid out HB 1968 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption. Without objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that HB 1968 be left pending; without
objection, it was so ordered.
Senator Armbrister resumed the chair at 3:15 pm.
The Chair laid out HB 1870 and recognized the Senate sponsor,
Senator Jackson, to explain the bill.
Senator Jackson sent up Committee Amendment 1 and moved
adoption. Without objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 1870, 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, Shapiro, and Whitmire requested unanimous
consent to be shown voting aye on HB 1870. 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.
The Chair laid out HB 149 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 149 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, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on HB 149. Without objection,
the motion prevailed.
The Chair laid out HB 577 and recognized the Senate sponsor,
Senator Nelson, to explain the bill.
Senator Nelson sent up CSHB 577 and moved adoption and without
objection, the substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that HB 577 do not pass but that CSHB 577
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, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on CSHB 577. 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 HB 1535 and recognized Representative
Allen, in the absence of the Senate sponsor, 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 HB 1535 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 Shapiro and Whitmire requested unanimous consent to
be shown voting aye on HB 1535. Without objection, the motion
prevailed.
The Chair laid out HB 318 and recognized Lisa Kaufman, in the
absence of the Senate sponsor, to explain the bill.
There were no witnesses on this bill.
Senator Nelson moved that HB 318 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, Shapiro and Whitmire requested unanimous
consent to be shown voting aye on HB 318. 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 HB 656 and recognized Michael Kelley, in
the absence of the Senate sponsor, 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 HB 656 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 and Shapiro requested unanimous consent to be
shown voting aye on HB 656. Without 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 HB 1102 and recognized Mark Loeffler, in
the absence of the Senate sponsor, to explain the bill.
Senator Jackson sent up Committee Amendment 1 and moved
adoption. Without objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 1102, 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.
Senator Duncan requested unanimous consent to be shown voting
aye on HB 1102. 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.
The Chair laid out HB 1188 and recognized Suzanne Sanders, in
the absence of the Senate sponsor, 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 HB 1188 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 Duncan requested unanimous consent to be shown voting
aye on HB 1188. Without objection, the motion prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1432 and recognized Suzanne Sanders, in
the absence of the Senate sponsor, to explain the bill.
There were no witnesses on this bill.
Senator Shapiro moved that HB 1432 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 Duncan requested unanimous consent to be shown voting
aye on HB 1432. Without objection, the motion prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 2469 and recognized Suzanne Sanders, in
the absence of the Senate sponsor, 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 HB 2469 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senators Duncan and Whitmire requested unanimous consent to be
shown voting aye on HB 2469. 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 HB 3598 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Senator Whitmire sent up Committee Amendment 1 and moved
adoption. Without objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator West moved that HB 3598, 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 and Shapiro requested unanimous consent to be
shown voting aye on HB 3598. 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 HB 2187 and recognized the Senate sponsor,
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 HB 2187 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 Duncan requested unanimous consent to be shown voting
aye on HB 2187. 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 HB 2397 and recognized the Senate sponsor,
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 HB 2397 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 Duncan requested unanimous consent to be shown voting
aye on HB 2397. There being no objection, the motion
prevailed.
The Chair laid out HB 2145 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
Senator Whitmire sent up a committee substitute; the Chair
recognized Senator Whitmire to explain the difference between
the committee substitute and the bill as filed.
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.
Senator Jackson sent up Committee Amendment 3 and moved
adoption. Without objection the amendment was adopted.
Senator Whitmire sent up Committee Amendment 4 and moved
adoption. Without objection the amendment was adoption.
Senator Whitmire sent up Committee Amendment 5 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 Shapiro requested unanimous consent to incorporate
amendments into the committee substitute. Senator Whitmire
then moved that the new committee substitute be adopted.
Senator Whitmire moved that HB 2145 do not pass but that CSHB
2145 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 2 absent.
At 6:10 pm Senator Whitmire assumed the chair.
The Chair laid out HB 855 and recognized Senator Armbrister,
in the absence of the Senate sponsor, 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 HB 855 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 and Whitmire requested unanimous consent to be
shown voting aye on HB 855. Without objection, the motion
prevailed.
At 6:15 pm Senator Jackson assumed the chair.
The Chair laid out HB 261 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Nelson moved that HB 261 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, 1 nay, 0 present not
voting, and 0 absent.
Senators Duncan and Whitmire requested unanimous consent to be
shown voting aye on HB 261. Without objection, the motion
prevailed.
The Chair laid out HB 668 and recognized the Senate sponsor,
Senator Armbrister, 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 HB 668 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 and Whitmire requested unanimous consent to be
shown voting aye on HB 668. 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 HB 1379 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator Armbrister sent up CSHB 1379 and moved adoption;
without objection the substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 1379 do not pass but that CSHB
1379 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 and Whitmire requested unanimous consent to be
shown voting aye on CSHB 1379. 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.
The Chair laid out HB 1999 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Shapiro moved that HB 1999 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 and Whitmire requested unanimous consent to be
shown voting aye on HB 1999. Without objection, the motion
prevailed.
The Chair laid out HB 2111 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator West sent up Committee Amendment 1 and moved adoption;
without objection the amendment was adopted.
Senator Armbrister moved that HB 2111 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2190 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator Armbrister sent up CSHB 2190 and moved adoption;
without objection, the substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator West moved that HB 2190 do not pass but that CSHB 2190
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 and Whitmire requested unanimous consent to be
shown voting aye on CSHB 2190. 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.
The Chair laid out HB 2734 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
There were no witnesses on this bill.
Senator Armbrister moved that HB 2734 be left pending.
The Chair laid out HB 3249 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Jackson moved that HB 3249 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 and Whitmire requested unanimous consent to be
shown voting aye on HB 3249. 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 HB 3492 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator Armbrister sent up CSHB 3492 and moved adoption.
Without objection the substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that HB 3492 do not pass but that CSHB
3492 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 and Whitmire requested unanimous consent to be
shown voting aye on CSHB 3492. Without objection, the motion
prevailed.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 6:50 pm Senator Armbrister resumed the chair.
Senator Shapiro moved adoption of the minutes from 5/5/99,
5/6/99 and 5/10/99. Without objection the minutes were
adopted. There being no further business, at 7:25 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