The House Committee on Criminal Jurisprudence

81st Legislature

April 22, 2009

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

E2.028

 

Pursuant to a notice posted on April 17, 2009 and a suspension of the 5-day posting rule on April 20, 2009 to hear HB 4427 and HB 3881, and another suspension of the 5-day posting rule on April 17, 2009 to hear HB 4310, the House Committee on Criminal Jurisprudence met in a public hearing and was called to order by the acting chair, Representative Christian at 3:22 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Christian; Fletcher; Kent; Miklos; Moody; Pierson (6).

 

Absent:              Representatives Gallego; Hodge; Riddle; Vaught; Vo (5).

 

A quorum was present.

 

(Representative Riddle now present.)

 

SB 82

 

The chair laid out SB 82.

 

The chair recognized Representative Moody to explain the measure.

 

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

 

The chair recognized Representative Moody to close on the measure.

 

The bill was left pending without objection.

 

SB 257

 

The chair laid out SB 257.

 

The chair recognized Representative Riddle to explain the measure.

 

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

 

(Representative Vaught now present.)

 

The bill was left pending without objection.

 

SB 328

 

The chair laid out SB 328.

 

The chair recognized Representative Phillips to explain the measure.

 

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

 

The chair recognized Representative Phillips to close on the measure.

 

The bill was left pending without objection.

 

SB 333

 

The chair laid out SB 333.

 

The chair recognized Representative Fletcher to explain the measure.

 

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

 

The chair closed on the measure.

 

The bill was left pending without objection.

 

SB 359

 

The chair laid out SB 359.

 

The chair recognized Representative Riddle to explain the measure.

 

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

 

The chair closed on the measure.

 

The bill was left pending without objection.

 

SB 554

 

The chair laid out SB 554.

 

The chair recognized Representative Riddle to explain the measure.

 

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

 

The chair closed on the measure.

 

The bill was left pending without objection.

 

SB 828

 

The chair laid out SB 828.

 

The chair recognized Representative Fletcher to explain the measure.

 

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

 

The chair recognized Representative Fletcher to close on the measure.

 

The bill was left pending without objection.

 

SB 625

 

The chair laid out SB 625.

 

The chair recognized Representative Riddle to explain the measure.

 

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

 

The chair closed on the measure.

 

The bill was left pending without objection.

 

SB 828

 

The chair laid out SB 828 as pending business.

 

Representative Fletcher offered a complete committee substitute.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Fletcher in chair.)

 

(Representative Gallego now present.)

 

HB 4310

 

The chair laid out HB 4310.

 

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.

 

The bill was left pending without objection.

 

(Representative Gallego in chair.)

 

HB 3881

 

The chair laid out HB 3881.

 

The chair recognized Representative Alonzo to explain the measure.

 

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

 

The chair recognized Representative Alonzo to close on the measure.

 

The bill was left pending without objection.

 

SB 1091

 

The chair laid out SB 1091.

 

The chair recognized Representative Gallego to explain the measure.

 

Representative Gallego offered a complete committee substitute.

 

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

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 4427

 

The chair laid out HB 4427.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Gallego offered a complete committee substitute.

 

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

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 148

 

Representative Miklos moved to reconsider the vote by which HB 148 was reported favorably.  The motion to reconsider prevailed without objection.

 

Representative Miklos moved to reconsider the vote by which the substitute to HB 148 was adopted.  The motion to reconsider prevailed without objection.

 

The committee substitute was withdrawn without objection.

 

Representative Riddle offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Fletcher 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; Fletcher; Kent; Miklos; Moody; Pierson; Riddle (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Vaught; Vo  (4).

 

Rep. Fletcher moved that the minutes reflect Rep. Vaught's absence be excused due to illnesses incurred during his service in the military, and that but for these illnesses, he would be at the hearing.  The motion prevailed without objection.

 

HB 718

 

The chair laid out HB 718.

 

The chair recognized Representative Riddle to explain the measure.

 

(Representative Vo now present.)

 

Representative Kent offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pierson moved that HB 718, as substituted, 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; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

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

 

HB 1152

 

The chair laid out HB 1152.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Miklos offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Miklos moved that HB 1152, 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; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

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

 

HB 1482

 

The chair laid out HB 1482.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Miklos offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair moved to reconsider the vote by which the substitute to HB 1482 was adopted.  The motion to reconsider prevailed without objection.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2213

 

The chair laid out HB 2213.

 

The chair recognized Representative Miklos to explain the measure.

 

Representative Miklos offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

The chair moved to reconsider the vote by which the substitute to HB 2213 was adopted.  The motion to reconsider prevailed without objection.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2609

 

The chair laid out HB 2609.

 

Representative Fletcher offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Riddle moved that HB 2609, 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; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

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

 

HB 2846

 

The chair laid out HB 2846.

 

The chair recognized Representative Riddle to explain the measure.

 

Representative Kent offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Vo moved that HB 2846, 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; Pierson; Riddle; Vo (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Moody; Vaught  (4).

 

(Representative Moody now present.)

 

Representative Vo moved to reconsider the vote by which HB 2846 was reported favorably.  The motion to reconsider prevailed without objection.

 

Representative Vo moved that HB 2846, 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; Vo (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

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

 

HB 3481

 

The chair laid out HB 3481.

 

The chair recognized Representative Moody to explain the measure.

 

Representative Moody moved that HB 3481, 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 (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Vaught; Vo  (4).

 

HB 221

 

The chair laid out HB 221.

 

Representative Miklos offered a complete committee substitute.

 

The chair recognized Representative Miklos to explain the measure.

 

The committee substitute was adopted without objection.

 

Representative Miklos moved that HB 221, 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 (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Vaught; Vo  (4).

 

HB 1482

 

The chair laid out HB 1482 as pending business.

 

Representative Fletcher offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Kent moved that HB 1482, as substituted, 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 (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Vaught; Vo  (4).

 

The chair requested that the minutes reflect that HB 1482 was being voted out subject to the understanding that an amendment would be sent along to the Local and Consent Calendars.

 

HB 4427

 

The chair laid out HB 4427.

 

Representative Riddle offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Moody moved that HB 4427, as substituted, 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 (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Vaught; Vo  (4).

 

HB 3881

 

The chair laid out HB 3881.

 

Representative Riddle moved that HB 3881, 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 (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Christian; Hodge; Vaught; Vo  (4).

 

At 6:41 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