The House Committee on Criminal Jurisprudence
77th Legislature
April 10, 2001
2:00 p.m. or upon final adjourn./recess
Capitol Extension, E2.028
CORRECTED MINUTES
On April 24, 2001, the House Committee on Criminal Jurisprudence
authorized the correction of the minutes for the meeting of the
House Committee on Criminal Jurisprudence held on April 10,
2001. The following are the corrected minutes for that meeting:
Pursuant to a notice posted on April 5, 2001, the House
Committee on Criminal Jurisprudence met in a public hearing and
was called to order by the chair, Representative Hinojosa, at
5:20 p.m.
The roll was answered as follows:
Present: Representatives Hinojosa; Garcia; Keel; Kitchen;
Shields (5).
Absent: Representatives Dunnam; Green; Martinez Fischer;
Talton (4).
A quorum was present.
The chair directed that the March 27, 2001, minutes for the
House Committee on Criminal Jurisprudence be corrected. The
corrected minutes were authorized without objection.
HB 1539
The chair laid out HB 1539.
The chair recognized Representative Lewis, Ron to explain the
measure.
(Representative Martinez Fischer now present.)
(Representative Talton now present.)
(Representative Green now present.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Lewis, Ron to close on the
measure.
Representative Garcia moved that HB 1539, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Kitchen; Martinez Fischer; Shields (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Keel; Talton (3).
HB 1988
The chair laid out HB 1988.
The chair recognized Representative Hill to explain the measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Hill to close on the
measure.
Representative Keel moved that HB 1988, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Keel;
Kitchen; Martinez Fischer; Shields; Talton
(7).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Green (2).
SB 923
The chair laid out SB 923.
(Representative Dunnam now present.)
The chair recognized Representative Goolsby to explain the
measure.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Goolsby to close on the
measure.
Representative Talton moved that SB 923, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Kitchen;
Martinez Fischer; Shields; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Garcia; Green; Keel (3).
SB 966
The chair laid out SB 966.
The chair recognized Representative Goolsby to explain the
measure.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Goolsby to close on the
measure.
The bill was left pending without objection.
HB 267
The chair laid out HB 267.
The chair recognized Representative Gallego to explain the
measure.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Gallego to close on the
measure.
Representative Kitchen moved that HB 267, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Kitchen;
Martinez Fischer; Shields; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Garcia; Green; Keel (3).
HB 797
The chair laid out HB 797.
The chair recognized Representative Gallego to explain the
measure.
The chair recognized Representative Gallego to close on the
measure.
The bill was left pending without objection.
HB 275
The chair laid out HB 275 as pending business.
The bill was left pending without objection.
HB 367
The chair laid out HB 367 as pending business.
Representative Kitchen moved that HB 367, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Garcia;
Kitchen; Martinez Fischer (5).
Nays: Representatives Keel; Shields; Talton (3).
Present, Not Voting: None (0).
Absent: Representative Green (1).
HB 452
The chair laid out HB 452 as pending business.
The chair recognized Representative Talton to explain the
measure.
Representative Talton offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Garcia moved that HB 452, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Kitchen;
Martinez Fischer; Shields; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Green; Keel (3).
HB 1102
The chair laid out HB 1102 as pending business.
The chair explained the measure.
The chair offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Kitchen moved that HB 1102, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Kitchen;
Martinez Fischer; Shields; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Green; Keel (3).
HB 878
The chair laid out HB 878 as pending business.
The chair offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Shields moved that HB 878, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Keel; Kitchen;
Martinez Fischer; Shields; Talton (6).
Nays: None (0).
Present, Not Voting: Representative Garcia (1).
Absent: Representatives Dunnam; Green (2).
SB 214
The chair laid out SB 214 as pending business.
The chair recognized Representative Keel to explain the measure.
Representative Keel moved that SB 214, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Keel;
Kitchen; Martinez Fischer; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Green; Shields (3).
HB 31
The chair laid out HB 31.
The chair recognized Representative McClendon to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative McClendon to close on the
measure.
Representative Keel offered an amendment to the measure.
The amendment was adopted without objection.
Representative Keel moved that HB 31, as amended, be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars. The motion prevailed by the following record
vote:
Ayes: Representatives Hinojosa; Green; Keel;
Kitchen; Talton (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Garcia; Martinez Fischer;
Shields (4).
HB 2740
The chair laid out HB 2740.
The chair recognized Representative Turner, Bob to explain the
measure.
The chair offered a complete committee substitute.
The committee substitute was adopted without objection.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Turner, Bob to close on the
measure.
Representative Keel moved that HB 2740, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Keel; Kitchen;
Martinez Fischer; Talton (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Garcia; Green; Shields
(4).
HB 1919
The chair laid out HB 1919.
The chair recognized Representative Turner, Bob to explain the
measure.
Representative Hinojosa offered a complete committee substitute.
Testimony was taken. (See attached witness list.)
The chair recognized Representative Turner, Bob to close on the
measure.
The committee substitute was adopted without objection.
Representative Keel moved that HB 1919, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Keel;
Martinez Fischer; Talton (5).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Green; Kitchen; Shields
(4).
HB 131
The chair laid out HB 131.
The chair recognized Representative Deshotel to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Deshotel to close on the
measure.
The bill was left pending without objection.
HB 434
The chair laid out HB 434.
The chair recognized Representative Heflin to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair recognized Representative Heflin to close on the
measure.
The bill was left pending without objection.
HB 3505
The chair laid out HB 3505.
The chair recognized Representative Maxey to explain the
measure.
Representative Hinojosa offered a complete committee substitute.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
(Representative Keel in chair.)
The chair recognized Representative Maxey to close on the
measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 2754
The chair laid out HB 2754.
The chair recognized Representative Homer to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Homer to close on the
measure.
The bill was left pending without objection.
HB 156
The chair laid out HB 156.
The chair recognized Representative Homer to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair recognized Representative Homer to close on the
measure.
The bill was left pending without objection.
HB 2701
The chair laid out HB 2701.
The chair recognized Representative Homer to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair recognized Representative Homer to close on the
measure.
The bill was left pending without objection.
SB 553
The chair laid out SB 553.
The chair recognized Representative Gray to explain the measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Gray to close on the
measure.
The bill was left pending without objection.
HB 1181
The chair laid out HB 1181.
The chair recognized Representative Capelo to explain the
measure.
(Representative Hinojosa in chair.)
The chair recognized Representative Capelo to close on the
measure.
Representative Keel moved that HB 1181, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Green; Keel;
Kitchen; Martinez Fischer; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Garcia; Shields (3).
HB 620
The chair laid out HB 620.
The chair recognized Representative Capelo to explain the
measure.
Representative Hinojosa offered a complete committee substitute.
Testimony was taken. (See attached witness list.)
The chair recognized Representative Capelo to close on the
measure.
The committee substitute was withdrawn without objection.
The bill was left pending without objection.
HB 619
The chair laid out HB 619.
The chair recognized Representative Capelo to explain the
measure.
The chair recognized Representative Capelo to close on the
measure.
The bill was left pending without objection.
HB 1925
The chair laid out HB 1925.
The chair recognized Representative Haggerty to explain the
measure.
The chair recognized Representative Haggerty to close on the
measure.
Representative Green moved that HB 1925, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Green; Keel;
Kitchen; Martinez Fischer; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Garcia; Shields (3).
HB 1572
The chair laid out HB 1572.
The chair recognized Representative Haggerty to explain the
measure.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Haggerty to close on the
measure.
Representative Green moved that HB 1572, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Green; Keel;
Kitchen; Martinez Fischer; Talton (6).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representatives Dunnam; Garcia; Shields (3).
HB 1571
The chair laid out HB 1571.
The chair recognized Representative Haggerty to explain the
measure.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Haggerty to close on the
measure.
The bill was left pending without objection.
HB 132, HB 151 and SB 139
The chair laid out HB 132, HB 151 and SB 139.
The chair explained HB 132, HB 151 and SB 139.
The chair recognized Representative Villarreal, Mike to explain
HB 151.
Testimony was taken on HB 132, HB 151 and SB 139. (See attached
witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding HB 132, HB 151 and
SB 139. (See attached witness list.)
The chair recognized Representative Villarreal, Mike to close on
the measure.
HB 132, HB 151 and SB 139 were left pending without objection.
HB 1813
The chair laid out HB 1813.
The chair recognized Representative Wohlgemuth to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Wohlgemuth to close on the
measure.
The bill was left pending without objection.
HB 374
The chair laid out HB 374.
The chair recognized Representative Wohlgemuth to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair recognized Representative Wohlgemuth to close on the
measure.
Representative Talton moved that HB 374, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
HB 738
The chair laid out HB 738.
The chair recognized Representative Noriega to explain the
measure.
(Representative Keel in chair.)
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Noriega to close on the
measure.
The bill was left pending without objection.
HB 1354
The chair laid out HB 1354.
The chair recognized Representative Noriega to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Noriega to close on the
measure.
The bill was left pending without objection.
HB 1414
The chair laid out HB 1414.
The chair recognized Representative Farrar to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Farrar to close on the
measure.
The bill was left pending without objection.
HB 1413
The chair laid out HB 1413.
The chair recognized Representative Farrar to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Farrar to close on the
measure.
The bill was left pending without objection.
(Representative Hinojosa in chair.)
HB 738
The chair laid out HB 738 as pending business.
Representative Keel moved that HB 738, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
HB 1354
The chair laid out HB 1354 as pending business.
Representative Talton moved that HB 1354, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
HB 1028
The chair laid out HB 1028.
The chair recognized Representative Wilson to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Wilson to close on the
measure.
The bill was left pending without objection.
HB 2926
The chair laid out HB 2926.
The chair recognized Representative Jones, Jesse to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Jones, Jesse to close on the
measure.
Representative Shields moved that HB 2926, without amendments,
be reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
HB 2222 and HB 3582
The chair laid out HB 2222 and HB 3582.
The chair recognized Representative Jones, Jesse to explain HB
2222.
Testimony was taken on HB 2222. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding HB 3582. (See
attached witness list.)
The chair recognized Representative Jones, Jesse to close on HB
2222.
HB 2222 and HB 3582 was left pending without objection.
HB 2250
The chair laid out HB 2250.
The chair recognized Representative Smith to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Smith to close on the
measure.
Representative Keel moved that HB 2250, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
HB 2228
The chair laid out HB 2228.
The chair recognized Representative Smith to explain the
measure.
Testimony was taken. (See attached witness list.)
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Smith to close on the
measure.
The bill was left pending without objection.
SB 139
The chair laid out SB 139 as pending business.
Representative Keel offered an amendment to the measure.
The amendment was adopted without objection.
Representative Keel moved that SB 139, as amended, be reported
favorably to the full house with the recommendation that it do
pass and be printed. The motion prevailed by the following
record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
SB 215
The chair laid out SB 215.
The chair recognized Representative Keel to explain the measure.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The chair recognized Representative Keel to close on the
measure.
Representative Green moved that SB 215, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Garcia; Green;
Keel; Kitchen; Martinez Fischer; Shields;
Talton (8).
Nays: None (0).
Present, Not Voting: None (0).
Absent: Representative Dunnam (1).
HB 131
The chair laid out HB 131 as pending business.
Representative Kitchen moved that HB 131, without amendments, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Garcia;
Green; Keel; Kitchen; Martinez Fischer;
Shields; Talton (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: None (0).
HB 2351
The chair laid out HB 2351 as pending business.
Representative Hinojosa offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Dunnam moved that HB 2351, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Garcia;
Green; Keel; Kitchen; Martinez Fischer;
Shields (8).
Nays: Representative Talton (1).
Present, Not Voting: None (0).
Absent: None (0).
HB 1971
The chair laid out HB 1971.
The chair recognized Representative Garcia to explain the
measure.
Representative Garcia offered a complete committee substitute.
The chair acknowledged those who chose not to testify but
submitted witness affirmation forms regarding this issue. (See
attached witness list.)
The committee substitute was adopted without objection.
Representative Shields moved that HB 1971, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Garcia;
Green; Keel; Kitchen; Martinez Fischer;
Shields (8).
Nays: Representative Talton (1).
Present, Not Voting: None (0).
Absent: None (0).
HB 1499
The chair laid out HB 1499 as pending business.
Representative Hinojosa offered a complete committee substitute.
The committee substitute was adopted without objection.
Representative Garcia moved that HB 1499, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed. The motion prevailed by the
following record vote:
Ayes: Representatives Hinojosa; Dunnam; Garcia;
Green; Keel; Kitchen; Martinez Fischer;
Shields; Talton (9).
Nays: None (0).
Present, Not Voting: None (0).
Absent: None (0).
At 10:41 p.m., on the motion of the chair and without objection,
the meeting was recessed until 2:00 p.m., April 11, 2001.
________________________
Rep. Juan J. Hinojosa, Chair
________________________
Gabriel Cardenas, Clerk