MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Wednesday, May 9, 2001
1:00 p.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Criminal
Justice was held on Wednesday, May 9, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Todd Staples
Senator John Whitmire
Senator Teel Bivins
Senator Mike Moncrief
Senator Steve Ogden
Senator Royce West
*****
Senator Moncrief called the meeting to order at 3:00 p.m. There
being a quorum present, the following business was transacted:
The chair laid out HB396 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill. Witnesses
testifying and registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Moncrief moved
that HB396 be left pending to await a quorum; without objection,
it was so ordered.
At 3:10 p.m. Senator Armbrister assumed the chair.
Senator Moncrief moved that HB396 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 6 ayes, 0 nay, 0
present not voting, and 1 absent. Senator Bivins requested
unanimous consent to be shown voting aye on HB396, without
objection, it was so ordered.
The chair laid out HB5 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Moncrief moved that HB5
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Moncrief moved that
HB5 be reported back to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent.
Senators Whitmire and Bivins requested unanimous consent to be
shown voting aye on HB5, without objection, it was so ordered.
The chair laid out HB1758 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB1758 be left pending to await a quorum; without objection, it
was so ordered. Senator Moncrief moved that HB1758 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 1 absent. Senator
Moncrief moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered. Senator Bivins requested unanimous consent to be shown
voting aye on HB1758, without objection, it was so ordered.
The chair laid out HB2250 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB2250 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Moncrief
moved that HB2250 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Bivins requested unanimous
consent to be shown voting aye on HB2250, without objection, it
was so ordered.
The chair laid out HB3491 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB3491 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Moncrief
moved that HB3491 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Moncrief moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator Bivins requested
unanimous consent to be shown voting aye on HB3491, without
objection, it was so ordered.
The chair brought up HB805 from pending business.
The chair laid out HB805 and recognized the Senate sponsor,
Senator Brown, to explain the bill.
The chair moved to re-open public testimony, without objection,
it was so ordered. Witnesses testifying and registering on the
bill are shown on the attached list. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Armbrister moved that HB805 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Moncrief moved that HB805 be
reported back to the Senate with the recommendation that it do
pass and be printed. Senator Ogden requested that the vote be
held open for 30 minutes, without objection, it was so ordered.
The motion to report HB805 carried with a record vote of 4 ayes,
0 nay, 0 present not voting, and 3 absent.
The chair laid out HB156 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. There were no witnesses
on HB156. Senator Moncrief moved that HB156 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins
requested unanimous consent to be shown voting aye on HB156,
without objection, it was so ordered.
The chair laid out HB2987 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB2987 be left pending to await a quorum; without objection, it
was so ordered. Senator West moved that HB2987 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 4
ayes, 1 nay, 0 present not voting, and 2 absent.
The chair laid out HB1287 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 Whitmire moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Armbrister moved that HB1287 be left pending to await a quorum;
without objection, it was so ordered. Senator Whitmire moved
that HB1287 do not pass but that CSHB1287 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 6 ayes, 0
nay, 0 present not voting, and 1 absent. Senator West moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
for HB1287, without objection, it was so ordered.
The chair laid out HB3664 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill. There were no witnesses
on HB3664. Senator Armbrister moved that HB3664 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator West moved that HB3664 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 6 ayes, 0
nay, 0 present not voting, and 1 absent. Senator West moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on HB3664, without objection, it was so ordered.
The chair laid out HB3185 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB3185 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Whitmire
moved that HB3185 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 2 absent. Senator Whitmire moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 5:10 p.m. Senator West assumed the chair.
The chair laid out HB2784 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. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator West
moved that HB2784 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
West moved that HB2784 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator Bivins requested
unanimous consent to be shown voting aye on HB2784, without
objection, it was so ordered.
At 5:15 p.m. Senator Armbrister resumed the chair.
The chair laid out HB940 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB940 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator West moved
that HB940 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator Bivins requested
unanimous consent to be shown voting aye on HB940, without
objection, it was so ordered.
The chair laid out HB2991 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Armbrister moved that
HB2991 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator West moved
that HB2991 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator Bivins requested
unanimous consent to be shown voting aye on HB2991, without
objection, it was so ordered.
At 5:25 p.m. Senator West assumed the chair.
The chair laid out HB131 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator West moved that HB131 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Whitmire moved that
HB131 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 6 ayes, 0 nay, 0 present not voting, and 1
absent. Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered. Senator Bivins requested
unanimous consent to be shown voting aye on HB131, without
objection, it was so ordered.
The chair laid out HB1762 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator West moved that HB1762 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Moncrief moved that
HB1762 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 6 ayes, 0 nay, 0 present not voting, and 1
absent. Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered. Senator Bivins requested
unanimous consent to be shown voting aye on HB1762, without
objection, it was so ordered.
The chair laid out HB2179 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator West moved that HB2179 be
left pending to await a quorum; without objection, it was so
ordered. Senator Moncrief moved that HB2179 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 1 absent. Senator West
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Bivins requested unanimous consent to be shown voting
aye on HB2179, without objection, it was so ordered.
The chair laid out HB2881 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator West moved that HB2881 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Moncrief moved that
HB2881 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 5 ayes, 0 nay, 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 HB3149 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. The bill was left pending.
The chair laid out HB1415 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator West moved that HB1415 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Whitmire moved that
HB1415 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 5 ayes, 1 nay, 0 present not voting, and 1
absent. Senator Bivins requested unanimous consent to be shown
voting aye on HB1415, without objection, it was so ordered.
At 5:45 p.m. Senator Armbrister resumed the chair.
The chair laid out HB73 and recognized the Senate sponsor,
Senator West, to explain the bill. There were no witnesses on
HB73. Senator West moved that HB73 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 5 ayes, 0 nay, 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. Senator Bivins
requested unanimous consent to be shown voting aye on HB73,
without objection, it was so ordered.
The chair brought up SB1724 from pending business. The
committee substitute for SB1724 had been previously adopted.
Senator Moncrief moved that SB1724 do not pass but that CSSB1724
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 5 ayes, 0 nay, 0 present not voting, and 2 absent. Senator
Moncrief moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered. Senator Bivins requested unanimous consent to be shown
voting aye on SB1724, without objection, it was so ordered.
The chair brought up HB598 from pending business. Committee
Amendment 1 had been previously adopted. Senator Moncrief moved
that HB598 be reported favorably to the Senate with the
recommendation that it do pass and be printed. Senator Moncrief
moved that the vote for HB598 be held open for 30 minutes,
without objection, it was so ordered. The motion to report
HB598 then carried with a record vote of 4 ayes, 0 nay, 0
present not voting, and 3 absent.
Senator Bivins moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
There being no further business, at 7:15 p.m. 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