MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Thursday, May 12, 2005
1:30 p.m. or upon adjournment
Capitol Extension Auditorium
*****
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 Thursday, May 12, 2005, in the Capitol
Extension Auditorium at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire Senator Steve Ogden
Senator Kel Seliger Senator Tommy Williams
Senator John Carona
Senator Rodney Ellis
Senator Juan Hinojosa
*****
The chair called the meeting to order at 4:15 p.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 544 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. Senator Seliger sent up
a committee substitute; the chair recognized Senator Zaffirini
to explain the difference between the committee substitute and
the bill as filed. Senator Seliger moved adoption of the
committee substitute; without objection, it was so ordered.
There were no witness cards on this bill.
Senator Whitmire moved that HB 544 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 544 do not pass but that
CSHB 544 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 Ellis moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 1098 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. Senator Seliger sent up
a committee substitute; the chair recognized Senator Zaffirini
to explain the difference between the committee substitute and
the bill as filed. Senator Seliger moved adoption of the
committee substitute; without objection, it was so ordered.
There were not witness cards on this bill.
Senator Seliger moved that HB 1098 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 1098 do not pass but that
CSHB 1098 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 Ellis moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 129 and recognized the Senate sponsor,
Senator Eltife, to explain the bill. Senator Seliger sent up a
committee substitute; the chair recognized Senator Eltife to
explain the difference between the committee substitute and the
bill as filed. Senator Seliger moved adoption of the committee
substitute; 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 Whitmire moved that HB 129 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Carona moved that HB 129 do not pass but that
CSHB 129 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 549 and recognized the Senate sponsor,
Senator Seliger, 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 Whitmire moved that HB 549 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 549 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 Seliger moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Seliger assumed the chair.
The chair laid out HB 706 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 Whitmire moved that HB 706 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 706 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 Seliger moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Whitmire resumed the chair.
The chair laid out HB 2275 and recognized the Senate sponsor,
Senator Ellis, 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 Whitmire moved that HB 2275 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 2275 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 Ellis moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1813 and recognized Senator Ellis, in the
absence of the Senate sponsor, to explain the bill. Senator
Ellis sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Ellis requested
unanimous consent to incorporate amendments into the committee
substitute; without objection, it was so ordered. Senator Ellis
then moved that the new committee substitute be adopted; without
objection, it was so ordered.
There were no witness cards on this bill.
Senator Whitmire moved that HB 1813 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 1813 do not pass but that
CSHB 1813 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 Ellis moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 68 and recognized Senator Ellis, 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 Whitmire moved that HB 68 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 68 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.
The chair laid out HB 840 and recognized Senator Ellis, in the
absence of the Senate sponsor, to explain the bill. Senator
Ellis sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Ellis sent up a
committee substitute; the chair recognized Senator Ellis to
explain the difference between the committee substitute and the
bill as filed. Senator Ellis moved adoption of the committee
substitute; without objection, it was so ordered. Senator Ellis
requested unanimous consent to incorporate the amendment into
the committee substitute; without objection, it was so ordered.
Senator Ellis then moved that the new committee substitute be
adopted; 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 Whitmire moved that HB 840 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Carona moved that HB 840 do not pass but that
CSHB 840 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 1588 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. Senator Ellis sent up a
committee substitute; the chair recognized Senator Ellis to
explain the difference between the committee substitute and the
bill as filed. Senator Ellis moved adoption of the committee
substitute; 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 Whitmire moved that HB 1588 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 1588 do not pass but that
CSHB 1588 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 291 and recognized Senator Ellis, 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 Whitmire moved that HB 291 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Carona moved that HB 291 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 Carona moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 2885 and recognized Senator Ellis, 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 Whitmire moved that HB 2885 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Carona moved that HB 2885 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.
The chair laid out HB 969 and recognized the Senate sponsor,
Senator Hinojosa, to explain the bill. Senator Carona sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted.
There were no witness cards on this bill.
Senator Whitmire moved that HB 969 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Carona moved that HB 969, as amended, 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 Carona
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 6:20 p.m. Senator Whitmire
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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Senator John Whitmire, Chair
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Carley Rose, Clerk