MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Wednesday, April 11, 2007

1:30 p.m. or upon adjournment

Capitol Extension, Room E1.036

 

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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, April 11, 2007, in the Capitol Extension, Room E1.036, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator John Whitmire Senator Kel Seliger Senator Bob Deuell Senator Rodney Ellis Senator Glenn Hegar Senator Juan Hinojosa		Senator John Carona

 

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The chair called the meeting to order at 1:39 p.m.  There being a quorum present, the following business was transacted: 

 

As a matter of pending business, the chair laid out SB 103 and recognized the author, Senator Hinojosa, to explain the bill.  Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate bill as filed.  Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. 

 

At 1:43 p.m. Senator Seliger assumed the chair. 

 

There being no witnesses testifying or registering on the bill, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Seliger moved that SB 103 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 103 do not pass but that CSSB 103 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. 

 

The chair laid out SB 411 and recognized the author, Senator Shapleigh, to explain the bill. 

At 2:17 p.m. Senator Whitmire resumed the chair. 

 

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 SB 411 be left pending; without objection, it was so ordered.

 

The chair laid out SB 634 and recognized the author, Senator Hegar, to explain the bill.  Senator Hegar sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Hegar moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses 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 Hegar moved that SB 634 do not pass but that CSSB 634 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out SB 721 and recognized the author, Senator Hegar, to explain the bill.  Witnesses 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 Hegar moved that SB 721 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

At 5:14 p.m. Senator Seliger assumed the chair. 

 

The chair laid out SB 838 and recognized the author, Senator Whitmire, to explain the bill.  Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Witnesses 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 SB 838 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Deuell requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Whitmire then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Whitmire moved that SB 838 do not pass but that CSSB 838 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.

 

The chair laid out SB 1196 and recognized the author, Senator Whitmire, to explain the bill. Witnesses 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 SB 1196 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

At 5:20 p.m. Senator Whitmire resumed the chair. 

 

The chair laid out HB 76 in lieu of SB 58 and recognized Senator Hegar, in the absence of the Senate sponsor, to explain the bill.  Senator Whitmire sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the house bill as engrossed.  Senator Whitmire moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses 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 Hegar moved that HB 76 do not pass but that CSHB 76 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out SB 120 and recognized Senator Hegar, in the absence of the author, to explain the bill.  Senator Hegar sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Hegar moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses 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 Hegar moved that SB 120 do not pass but that CSSB 120 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

The chair laid out SB 144 and recognized Senator Hegar, in the absence of the author, 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 SB 144 be left pending; without objection, it was so ordered.    

 

The chair laid out SB 1622 and recognized the author, Senator Watson, to explain the bill. 

Witnesses 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 SB 1622 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Seliger moved that SB 1622 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 SB 1198 and recognized the author, Senator Shapiro, to explain the bill.  Senator Hegar sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed.  Senator Hegar moved adoption of the committee substitute; without objection, it was so ordered.  Senator Hegar sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Witnesses 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 requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Hegar moved that SB 1198 do not pass but that CSSB 1198 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 Hegar moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.          

 

The chair laid out SB 1740 and recognized the author, Senator Shapiro, to explain the bill.  Senator Hegar sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed.  Senator Hegar moved adoption of the committee substitute; without objection, it was so ordered.  Senator Hegar 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 SB 1740 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Whitmire requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Whitmire then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Deuell moved that SB 1740 do not pass but that CSSB 1740 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.  

 

The chair laid out SB 1580 and recognized the author, Senator Van de Putte, to explain the bill. 

Senator Deuell sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.  Senator Deuell 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 SB 1580 be left pending to await a quorum; without objection, it was so ordered. 

Upon arrival of a quorum, Senator Ellis moved that SB 1580 do not pass but that CSSB 1580 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.       

 

At 6:46 p.m. Senator Seliger assumed the chair. 

As a matter of pending business, the chair laid out SB 1295 and recognized Senator Whitmire, in the absence of the author, to explain the bill.  On March 20, 2007, Senator Hinojosa sent up and moved adoption of a committee substitute; without objection, it was so ordered.  There being no witnesses testifying or registering, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Seliger moved that SB 1295 do not pass but that CSSB 1295 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.          

 

The chair laid out SB 405 and recognized the author, Senator Wentworth, to explain the bill.  Senator Ellis sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.  Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered. 

 

At 6:53 p.m. Senator Whitmire resumed the chair. 

 

Witnesses testifying and registering on SB 405 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 SB 405 be left pending; without objection, it was so ordered.    

 

There being no further business, at 7:23 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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Mahala Price, Clerk