MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, November 5, 2001
1:00 p.m.
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Jurisprudence
was held on Monday, November 5, 2001, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Royce West Senator David Bernsen
Senator Robert Duncan Senator J. E. Brown
Senator Rodney Ellis
Senator Mike Jackson
Senator Jeff Wentworth
*****
The chair called the meeting to order at 1:10 p.m. There being
a quorum present, the following business was transacted:
The following members arrived after the roll was called:
Senator Jeff Wentworth
The Chair laid out the Committee Rules. Senator Jackson moved
adoption of the rules; without objection, it was so ordered.
The Chair laid out an interim timeline but stated the dates are
subject to change. A brief discussion followed.
The Chair gave opening remarks.
The Chair laid out Charge1: Study the effectiveness of the
progressive sanction guidelines for juvenile offenders.
Determine whether the guidelines established by H.B. 327,
74th Legislature, are bringing consistency, uniformity, and
predictability to juvenile dispositions in an effort to
facilitate juvenile justice planning and improve the
allocation of resources within the juvenile justice system.
The Committee shall make recommendations for improving the
effectiveness of juvenile sanctions in protecting public
safety and rehabilitating offenders.
The following witnesses testified:
Dr. Tony Fabelo, representing the Criminal Justice Policy
Council
Ms. Vicki Spriggs, representing the Texas Juvenile
Probation Commission
Professor Robert Dawson, representing self
Mr. Keith Hampton, representing the Criminal Defense
Lawyers Association
Mr. David Montague, representing the Texas District and
County Attorney's Association
The Chair laid out Charge 2: Study the judicial system's
revenue structure and make recommendations for improving
the collection, dispersal, and accounting of court costs,
fees, and fines by state and local entities. This study
should include a review of all court costs and fees (except
those related to the Crime Victims' Compensation Fund) to
ensure that they are necessary and are adequately
fulfilling their intended purpose.
The following witnesses testified:
Ms. Mary Hawkins, representing the State Comptroller of
Public Accounts
Mr. Frank Sturzl, representing the Texas Municipal League
Mr. Rod Dietz, representing the State Comptroller of Public
Accounts
The following people registered but did not testify:
Mr. Jerry Benedict, representing the Office of Court
Administration
The Chair laid out Charge 3: Study and make
recommendations for the reapportionment of judicial
districts pursuant to Article V, Section 7a, Texas
Constitution.
The following witnesses testified:
Chief Justice Tom Phillips, representing self
Judge B.B. Schraub, representing the Conference of
Presiding Judges
Mr. Jeff Archer, representing the Texas Legislative Council
Mr. Jerry Benedict, representing the Office of Court
Administration
The following people registered but did not testify:
Ms. Janet Monteros, representing the Mexican American Bar
of Texas
The Chair laid out Charge 4: Study and make
recommendations for improving the structure of the state's
trial court system, including, but not limited to:
improving the quality, cost-effectiveness, and uniformity of
the visiting judge program; devising objective criteria to
be used by the Legislature to determine when and where
additional trial courts should be created; and clarifying
jurisdictional conflicts between courts.
The following witnesses testified:
Chief Justice Tom Phillips, representing self
Judge B.B. Schraub, representing the Conference of
Presiding Judges
Judge John Ovard, representing self
The following people registered but did not testify:
Mr. Jerry Benedict, representing the Office of Court
Administration
Ms. Verma Elliott, representing the State Auditor's Office
Ms. Julie Ivie, representing the State Auditor's Office
Ms. Janet Monteros, representing the Mexican American Bar
of Texas
Mr. Michael Stiernberg, representing the State Auditor's
Office
The Chair laid out Charge 5: Monitor the implementation of
SB 1074, 77th Legislature, relating to the prevention of
racial profiling by certain peace officers.
The following witnesses testified:
Randy Elliston, Assistant Chief, representing the Texas
Department of Public Safety
At 3:22 p.m. Senator Wentworth assumed the chair.
At 3:29 p.m. Senator West resumed the chair.
There being no further business, at 3:39 p.m. Senator West
moved that the Committee be recessed. Without objection, it
was so ordered.
______________________
Senator Royce West, Chair
______________________
Stephanie Hoover, Clerk