MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                              Friday, May 14, 1999 
                                     2:15 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  
         Friday, May 14, 1999 in the Capitol Extension, Room E1.036, at  
         Austin, Texas.  Pursuant to a suspension of the posting rule  
         the location was changed from the Senate Chamber to E1.016.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Florence  
                                                 Shapiro 
         Senator Robert Duncan                   Senator John Whitmire 
         Senator Mike Jackson 
         Senator Jane Nelson 
         Senator Royce West 
          
                                      ***** 
          
         The Chair called the meeting to order at 10:15 pm.  There  
         being a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         none. 
          
         The Chair advised that HB 487 had been tagged pursuant to  
         Senate Rule 11.19 and would not be heard. 
          
         The Chair laid out HB 3355 and recognized the Senate sponsor,  
         Senator Duncan, to explain the bill.   
         There were no witnesses on this bill. 
          
         Senator Nelson moved that HB 3355 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 HB 2825 and recognized Senator Duncan, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Duncan moved that HB 2825 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 2346 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 Duncan moved that HB 2346 be reported favorably 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.   
          
         The Chair laid out HB 1763 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 1763 be reported favorably 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.   
          
         The Chair laid out HB 2023 and recognized Senator Nelson, 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 Duncan moved that HB 2023 be reported favorably 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.   
          
         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 2125 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.   
         There were no witnesses on this bill. 
          
         Senator West moved that HB 2125 be reported favorably 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.   
  
         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 3324 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 Jackson moved that HB 3324 be reported favorably 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.   
          
         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 243 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.   
         There were no witnesses on this bill. 
          
         Senator Duncan moved that HB 243 be reported favorably 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.   
          
         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 2047 and recognized Senator Carona, in  
         the absence of the Senate sponsor, to explain the bill.   
            
         There were no witnesses on this bill. 
          
         Senator Nelson moved that HB 2047 be reported favorably 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.   
            
         The Chair laid out HB 245 and recognized Senator Carona, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Nelson moved that HB 245 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         The Chair laid out HB 435 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill.   
  
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         There was no motion made on HB 435. 
          
         The Chair laid out HB 1321 and recognized Senator Lucio, Jr.,  
         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 Jackson moved that HB 1321 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         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 1798 and recognized Senator Lucio, Jr.,  
         in the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 1798 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         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 947 and recognized Senator Lucio, Jr.,  
         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 Duncan moved that HB 947 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 2978 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Nelson moved that HB 2978 be reported favorably to the  
  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 1907 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Nelson moved that HB 1907 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 2765 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Nelson moved that HB 2765 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 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 HB 163 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.   
         There were no witnesses on this bill. 
          
         Senator Duncan moved that HB 163 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 1802 and recognized the Senate sponsor,  
         Senator Jackson, to explain the bill.   
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 1802 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         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 998 and recognized the Senate sponsor,  
         Senator Jackson, 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 998 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         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 302 and recognized the Senate sponsor,  
         Senator Jackson, to explain the bill.   
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 302 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         The Chair laid out HB 2968 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 Duncan moved that HB 2968 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         The Chair laid out HB 1153 and recognized Senator Nelson, 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 Nelson moved that HB 1153 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         The Chair laid out HB 1896 and recognized Senator Nelson, 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 Nelson moved that HB 1896 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 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 HB 1594 and recognized Senator Nelson, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         The Chair advised that HB 1594 had been tagged pursuant to  
         Senate Rule 11.19. 
          
         The Chair laid out HB 1428 and recognized Senator Jackson, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 1428 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         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 3215 and recognized Senator Jackson, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 3215 be reported favorably 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.   
          
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on HB 3215.  There being no objection, the motion  
         prevailed. 
          
         The Chair laid out HB 628 and recognized Senator Jackson, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 628 be reported favorably 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.   
          
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on HB 628.  There being no objection, the motion  
         prevailed. 
          
         The Chair laid out HB 943 and recognized Janna Burleson, 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 Duncan moved that HB 943 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 4 ayes, 0 nays, 0 present  
         not voting, and 3 absent.   
          
         The Chair laid out HB 244 and recognized Janna Burleson, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Duncan moved that HB 244 be reported favorably 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.   
          
          Senator Shapiro requested unanimous consent to be shown  
         voting aye on HB 244.  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.   
          
         At 11:25 pm Senator Duncan assumed the chair.   
          
         The Chair laid out HB 2231 and recognized Senator Armbrister,  
         in the absence of the Senate sponsor, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Jackson moved that HB 2231 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         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 HB 1140 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         There were no witnesses on this bill. 
  
         Senator Armbrister moved that HB 1140 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         The Chair laid out HB 3765 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Armbrister moved that HB 3765 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         The Chair laid out HB 3229 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Armbrister moved that HB 3229 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         The Chair laid out HB 2871 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Armbrister moved that HB 2871 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         The Chair laid out HB 3488 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Armbrister moved that HB 3488 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 4 ayes, 0 nays, 0  
         present not voting, and 3 absent.   
          
         The Chair laid out HB 3457 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         There were no witnesses on this bill. 
          
         Senator Armbrister moved that HB 3457 be reported favorably 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.   
  
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on HB 3457.  There being no objection, the motion  
         prevailed. 
          
         At 11:40 pm Senator Armbrister resumed the chair.   
          
         The Chair brought up HB 2111 from pending business. 
          
         Senator Jackson moved that HB 2111 be reported favorably 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.   
          
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on HB 2111.  There being no objection, the motion  
         prevailed. 
          
         There being no further business, at 11:45 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