The House Committee on Criminal Jurisprudence

81st Legislature

April 1, 2009

2:00 p.m. or upon final adjourn./recess

E2.028

 

Pursuant to a notice posted on March 27, 2009, and a suspension of the 5-day posting rule to hear HB 1721, HB 4464, and HB 4386 the House Committee on Criminal Jurisprudence met in a public hearing and was called to order by the chair, Representative Gallego, at 2:26 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Gallego; Fletcher; Hodge; Miklos; Moody; Pierson; Riddle; Vo (8).

 

Absent:              Representatives Christian; Kent; Vaught (3).

 

A quorum was present.

 

The chair moved to reconsider the vote by which HB 1320 was reported favorably.  The motion to reconsider prevailed without objection.

 

The bill was left pending without objection.

 

(Representative Pierson in chair.)

 

HB 3583

 

The chair laid out HB 3583.

 

The chair recognized Representative Gallego to explain the measure.

 

Representative Moody offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

The committee substitute was withdrawn without objection.

 

(Representative Gallego in chair.)

 

(Representative Miklos in chair.)

 

(Representative Kent now present.)

 

The bill was left pending without objection.

 

HB 1736, HB 3584

 

The chair laid out HB1736, HB3584.

 

The chair recognized Representative Anchia to explain HB 1736.

 

Representative Hodge offered a complete committee substitute to HB 1736.

 

(Representative Christian now present.)

 

The chair recognized Representative Anchia to close on the measure.

 

The committee substitute for HB 1736 was withdrawn without objection.

 

HB 1736 was left pending without objection.

 

The chair recognized Representative Gallego to close on HB 3584.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

 

HB 2873

 

The chair laid out HB 2873.

 

The chair recognized Representative Hunter to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

Representative Gallego offered a complete committee substitute.

 

The chair recognized Representative Hunter to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 4336

 

The chair laid out HB 4336.

 

The chair recognized Representative Corte to explain the measure.

 

Representative Gallego offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Corte to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2952

 

The chair laid out HB 2952.

 

The chair recognized Representative Eiland to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Eiland to close on the measure.

 

The bill was left pending without objection.

 

HB 3147

 

The chair laid out HB 3147.

 

The chair recognized Representative Smith, Todd to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Smith, Todd to close on the measure.

 

The bill was left pending without objection.

 

HB 148

 

The chair laid out HB 148.

 

Representative Christian offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Miklos moved that HB 148, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Riddle; Vo (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Vaught  (1).

 

HB 483

 

The chair laid out HB 483 as pending business.

 

The chair recognized Representative Pierson to explain the measure.

 

Representative Moody moved that HB 483, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Hodge  (1).

 

Absent:                          Representative Vaught  (1).

 

HB 558

 

The chair laid out HB 558 as pending business.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 558, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Riddle; Vo (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Vaught  (1).

 

HB 608

 

The chair laid out HB 608 as pending business.

 

The chair recognized Representative Kent to explain the measure.

 

Representative Kent moved that HB 608, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Riddle; Vo (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Vaught  (1).

 

HB 666

 

The chair laid out HB 666 as pending business.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Moody moved that HB 666, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Hodge; Kent; Miklos; Moody; Pierson; Riddle; Vo (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Vaught  (1).

 

 

HB 671

 

The chair laid out HB 671 as pending business.

 

The chair recognized Representative Fletcher to explain the measure.

 

Representative Fletcher moved that HB 671, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Vaught  (2).

 

HB 941

 

The chair laid out HB 941.

 

The bill was left pending without objection.

 

HB 1320

 

The chair laid out HB 1320 as pending business.

 

The chair recognized Representative Christian to explain the measure.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Gallego moved that HB 1320, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Miklos; Moody; Vo (6).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Kent; Pierson; Riddle; Vaught  (5).

 

 

 

(Representative Kent now present.)

 

(Representative Pierson now present.)

 

(Representative Riddle now present.)

 

HB 1060

 

The chair recalled HB 1060 from subcommittee.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Moody moved that HB 1060, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Vaught  (2).

 

HB 1148

 

The chair recalled HB 1148 from subcommittee.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Miklos moved that HB 1148, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Vaught  (2).

 

HJR 58

 

The chair recalled HJR 58 from subcommittee.

 

Representative Miklos moved that HJR 58, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Vaught  (2).

 

HB 1360

 

The chair recalled HB 1360 from subcommittee.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 1360, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Christian; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hodge; Vaught  (2).

 

HB 2514

 

The chair laid out HB 2514.

 

The chair recognized Representative Hopson to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Vaught now present.)

 

The chair recognized Representative Hopson to close on the measure.

 

The bill was left pending without objection.

 

HB 3481

 

The chair laid out HB 3481.

 

The chair recognized Representative Veasey to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Veasey to close on the measure.

 

The bill was left pending without objection.

 

HB 3564

 

The chair laid out HB 3564.

 

The chair recognized Representative Coleman to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Coleman to close on the measure.

 

The bill was left pending without objection.

 

HB 2973

 

The chair laid out HB 2973.

 

The chair recognized Representative Coleman to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Coleman to close on the measure.

 

The bill was left pending without objection.

 

HB 1721

 

The chair laid out HB 1721.

 

The chair recognized Representative Bohac to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Bohac to close on the measure.

 

The bill was left pending without objection.

 

 

HB 2864

 

The chair laid out HB 2864.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Moody to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Fletcher in chair.)

 

HB 4464

 

The chair laid out HB 4464.

 

The chair recognized Representative Gallego to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

(Representative Fletcher in chair.)

 

HB 3579

 

The chair laid out HB 3579.

 

The chair recognized Representative Gallego to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

(Representative Fletcher in chair.)

 

HB 3580

 

The chair laid out HB 3580.

 

The chair recognized Representative Gallego to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

(Representative Gallego in chair.)

 

HB 4386

 

The chair laid out HB 4386.

 

The chair recognized Representative Vaught to explain the measure.

 

(Representative Fletcher in chair.)

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Vaught to close on the measure.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

(Representative Miklos in chair.)

 

 

HB 4314

 

The chair laid out HB 4314.

 

The chair recognized Representative Gallego to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

The bill was left pending without objection.

 

HB 3751

 

The chair laid out HB 3751.

 

The chair recognized Representative Gallego to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gallego to close on the measure.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

HB 1590

 

The chair recalled HB 1590 from subcommittee.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 1590, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Miklos; Moody; Pierson; Riddle; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Kent  (3).

 

HB 1722

 

The chair recalled HB 1722 from subcommittee.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 1722, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Miklos; Moody; Pierson; Riddle; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Kent  (3).

 

HB 1869

 

The chair recalled HB 1869 from subcommittee.

 

The chair recognized Representative Fletcher to explain the measure.

 

Representative Miklos offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Fletcher moved that HB 1869, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

HB 1983

 

The chair laid out HB 1983.

 

Representative Moody moved that HB 1983, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

HB 1985

 

The chair recalled HB 1985 from subcommittee.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 1985, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

HB 2062

 

The chair laid out HB 2062.

 

The chair explained the measure.

 

Representative Moody moved that HB 2062, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

 

HB 2066

 

The chair recalled HB 2066 from subcommittee.

 

The chair explained the measure.

 

Representative Vaught moved that HB2066, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

HB 2086

 

The chair laid out HB 2086.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Fletcher moved that HB 2086, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Miklos; Moody; Pierson; Riddle; Vaught; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Kent  (3).

 

HB 2145

 

The chair laid out HB 2145.

 

The bill was left pending without objection.

 

 

HB 2236

 

The chair laid out HB 2236.

 

Representative Gallego offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Kent moved that HB 2236, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

HB 2240

 

The chair laid out HB 2240.

 

The bill was left pending without objection.

 

HB 1750

 

The chair laid out HB 1750.

 

The chair explained the measure.

 

Representative Vo moved that HB 1750, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Gallego; Fletcher; Kent; Miklos; Moody; Pierson; Riddle; Vaught; Vo (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge  (2).

 

At 10:18 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Gallego, Chair

 

 

________________________

Andrew Cates, Clerk