MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, May 17, 2005
1:30 p.m. or upon adjournment
Capitol Extension, Room E1.016
*****
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 Tuesday, May 17, 2005, in the Capitol
Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator John Whitmire Senator John Carona
Senator Kel Seliger Senator Steve Ogden
Senator Rodney Ellis
Senator Juan Hinojosa
Senator Tommy Williams
*****
The chair called the meeting to order at 2:45 p.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 705 and recognized the Senate sponsor,
Senator Zaffirini, 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 705 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 705 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.
The chair laid out HB 975 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Hinojosa sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted.
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 975 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 975, 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
Hinojosa moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 2104 and recognized Senator Seliger, in
the absence of the Senate sponsor, to explain the bill. Senator
Seliger sent up a committee substitute; the chair recognized
Senator Seliger 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 2104 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 2104 do not pass but that
CSHB 2104 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 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 825 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 Seliger moved that HB 825 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 825 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.
The chair laid out HB 2194 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
There were no witness cards on this bill.
Senator Whitmire moved that HB 2194 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 2194 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.
The chair laid out HB 2195 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
There were no witness cards on this bill.
Senator Whitmire moved that HB 2195 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 2195 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, 0
nay, 0 present not voting, and 3 absent. Senator Seliger moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 967 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 967 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 967 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, 0
nay, 0 present not voting, and 3 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 43 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 Ellis moved that HB 43 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 43 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 699 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 699 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 699 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 269 and recognized Senator Ellis, in the
absence of the Senate sponsor, 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 269 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 269 do not pass but that
CSHB 269 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 93 and recognized Senator Seliger, 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.
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 93 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 93, 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 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 1038 and recognized Senator Ellis, in the
absence of the Senate sponsor, to explain the bill. Senator
Williams sent up a committee substitute; the chair recognized
Senator Ellis to explain the difference between the committee
substitute and the bill as filed. Senator Williams 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 1038 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 1038 do not pass but that
CSHB 1038 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 Williams moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 703 and recognized the Senate sponsor,
Senator Lindsay, 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 703 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 703 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 904 and recognized the Senate sponsor,
Senator Williams, 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 904 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that HB 904 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 Williams moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 839 and recognized the Senate sponsor,
Senator Williams, 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 839 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Williams moved that HB 839 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 Williams moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1095 and recognized Senator Seliger, in
the absence of the Senate sponsor, to explain the bill. Senator
Seliger sent up a committee substitute; the chair recognized
Senator Seliger 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 1095 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 1095 do not pass but that
CSHB 1095 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 Seliger moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 550 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 550 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 550 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.
The chair laid out HB 1048 and recognized the Senate sponsor,
Senator Seliger, to explain the bill.
There were no witness cards on this bill.
Senator Whitmire moved that HB 1048 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 1048 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.
The chair laid out HB 1262 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 1262 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Seliger moved that HB 1262 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.
The chair laid out HB 970 and recognized the Senate sponsor,
Senator Hinojosa, 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 970 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Hinojosa moved that HB 970 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 Hinojosa 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 915 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 915 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Whitmire moved that HB 915 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, 0
nay, 0 present not voting, and 3 absent. Senator Whitmire moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 2197 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
There were no witness cards on this bill.
Senator Whitmire moved that HB 2197 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Whitmire moved that HB 2197 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.
Senator Whitmire resumed the chair.
The Chair moved to bring up HB 268, which was left pending
previously. Senator Hinojosa sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Hinojosa sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted. Upon
arrival of a quorum, Senator Hinojosa moved that HB 268, 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 4 ayes, 0 nay, 0 present not voting, and 3
absent.
There being no further business, Senator Whitmire moved that the
Committee stand recessed subject to the call of the chair.
Without objection, it was so ordered.
_____________________________
Senator John Whitmire, Chair
_____________________________
Carley Rose, Clerk