MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, May 5, 2009

1:30 p.m. or upon adjournment

Capitol Extension, Room E1.016

 

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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 Tuesday, May 5, 2009, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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

 

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Senator Seliger, acting as chair, called the meeting to order at 2:51 p.m.  The following business was transacted: 

 

The chair laid out SB 1338 and recognized the author, 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.  The chair moved that SB 1338 be left pending; without objection, it was so ordered.  

 

The chair motioned that HB 1629 be considered in lieu of SB 1376; without objection, it was so ordered.  The chair laid out HB 1629 and recognized the Senate sponsor, Senator Uresti, 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.  The chair moved that HB 1629 be left pending; without objection, it was so ordered.        

 

The chair motioned that HB 2386 be considered in lieu of SB 2106; without objection, it was so ordered.  The chair laid out HB 2386 and recognized the Senate sponsor, Senator Uresti, 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.  The chair moved that HB 2386 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1744 and recognized the author, 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.  The chair moved that SB 1744 be left pending; without objection, it was so ordered.

 

At 3:25 p.m. Senator Whitmire assumed the chair. 

 

The chair laid out HB 982 and recognized the Senate sponsor, Senator Carona, 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.  The chair moved that HB 982 be left pending; without objection, it was so ordered. 

 

The chair laid out HJR 58 and recognized the Senate sponsor, Senator Ellis, 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.  The chair moved that HJR 58 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1148 and recognized the Senate sponsor, Senator Ellis, 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.  The chair moved that HB 1148 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 590 and recognized Senator Carona, in the absence of the Senate sponsor, 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.  The chair moved that HB 590 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 867 and recognized Senator Hegar, in the absence of the Senate sponsor, to explain the bill.  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.  The chair moved that HB 867 be left pending; without objection, it was so ordered.    

 

The chair laid out HB 1492 and recognized the Senate sponsor, 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.  The chair moved that HB 1492 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1813 and recognized Senator Hegar, 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.  The chair moved that HB 1813 be left pending; without objection, it was so ordered. 

 

At 3:45 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 2309 and recognized the author, Senator Whitmire, to explain the bill.  Senator Whitmire sent up a committee substitute; the chair recognized Senator Whitmire 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 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.  The chair moved that SB 2309 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1711 and recognized the Senate sponsor, Senator Whitmire, to explain the bill.  Senator Whitmire 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. 

 

At 3:54 p.m. Senator Carona assumed the chair. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.  The chair moved that HB 1711 be left pending; without objection, it was so ordered.   

 

At 3:55 p.m. Senator Whitmire resumed the chair.  There being a quorum present, the following business was transacted: 

 

Senator Ellis requested to be shown voting with the chair on all votes.

 

As a matter of pending business, the chair laid out HB 590.  Senator Carona moved that HB 590 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. 

 

As a matter of pending business, the chair laid out HB 867.  Senator Carona moved that HB 867 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. 

 

As a matter of pending business, the chair laid out HB 982.  Senator Carona moved that HB 982 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. 

 

As a matter of pending business, the chair laid out HB 1148.  Senator Hinojosa moved that HB 1148 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. 

 

As a matter of pending business, the chair laid out HB 1492.  Senator Hegar moved that HB 1492 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. 

 

As a matter of pending business, the chair laid out HB 1711.  Senator Carona moved that HB 1711, 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.   

 

As a matter of pending business, the chair laid out HB 1813.  Senator Carona moved that HB 1813 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. 

 

As a matter of pending business, the chair laid out HJR 58.  Senator Carona moved that HJR 58 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. 

 

As a matter of pending business, the chair laid out SB 1338.  Senator Carona moved that SB 1338 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. 

 

As a matter of pending business, the chair laid out HB 1629.  Senator Carona moved that HB 1629 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. 

 

As a matter of pending business, the chair laid out SB 1744.  Senator Carona moved that SB 1744 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. 

 

As a matter of pending business, the chair laid out HB 2386.  Senator Carona moved that HB 2386 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. 

 

As a matter of pending business, the chair laid out SB 2309.  Senator Carona moved that SB 2309 do not pass but that CSSB 2309 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. 

 

As a matter of pending business, the chair laid out HB 2062 in lieu of SB 1683.  Senator Carona moved that HB 2062 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. 

 

Senator Seliger submitted a motion in writing to request unanimous consent to be shown voting aye on HB 590, HB 867, HB 1148, HB 1492, HB 1629, HB 1711, HB 1813, HB 2062, HB 2386, SB 1338, SB 1744, SB 2309, and HJR 58.  Senator Seliger requested unanimous consent to be shown voting nay on HB 982. 

 

There being no further business, at 4:00 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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Vanessa Valdez, Clerk