MINUTES

SENATE COMMITTEE ON CRIMINAL JUSTICE

Thursday, May 21, 2015

1:30 PM or upon adjournment

Capitol Extension, Room E1.016

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Pursuant to a notice posted in accordance with Senate Rule 11.10 and 11.18, a public hearing of the Senate Committee on Criminal Justice was held on Thursday, May 21, 2015, in the Capitol Extension, Room E1.016, at Austin, Texas.

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator John Whitmire, Chair		None
Senator Joan Huffman, Vice Chair
Senator Konni Burton
Senator Brandon Creighton
Senator Juan Hinojosa
Senator José Menéndez
Senator Charles Perry

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The chair called the meeting to order at 4:33 PM. The following business was transacted:

The following members arrived after the roll was called:

Senator Brandon Creighton

Senator Joan Huffman

Senator Juan Hinojosa

The posting rule, Senate Rule 11.10 and 11.18, was suspended to hear the following bill(s):

The chair laid out HB 530 and recognized the Senate sponsor, Senator West, to explain the bill.

Senator Whitmire sent up a committee substitute; the chair recognized Senator West 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.

Senator Whitmire moved that HB 530 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 530 do not pass but that CSHB 530 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, 2 nays, 0 present not voting, and 0 absent.

At 4:35 PM Senator Burton assumed the chair.

The chair laid out HB 2299 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 2299 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2299 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 2300 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 2300 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2300 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 2301 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 2301 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2301 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Menéndez moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 2302 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.

Senator Whitmire requested unanimous consent to incorporate 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 HB 2302 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2302 do not pass but that CSHB 2302 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

At 4:41 PM Senator Whitmire resumed the chair.

The chair laid out HB 2645 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill.

Senator Whitmire sent up a committee substitute; the chair recognized Senator Hinojosa 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.

Senator Whitmire moved that HB 2645 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2645 do not pass but that CSHB 2645 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 3791 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 3791 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Burton moved that HB 3791 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 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 1144 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 1144 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Burton moved that HB 1144 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

The chair laid out HB 644 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 Perry moved that HB 644 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 644 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Menéndez moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 326 and recognized the Senate sponsor, Senator Hall, 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 326 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Creighton moved that HB 326 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Burton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1396 and recognized the Senate sponsor, Senator Burton, 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 1396 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Burton moved that HB 1396 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

The chair laid out HB 324 and recognized the Senate sponsor, Senator Burton, to explain the bill.

Senator Burton sent up a committee substitute; the chair recognized Senator Burton 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.

Senator Whitmire moved that HB 324 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Burton moved that HB 324 do not pass but that CSHB 324 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Burton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 2286 and recognized the Senate sponsor, Senator Burton, 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 2286 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2286 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

The chair laid out HB 905 and recognized Senator Burton, 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 905 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 905 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1810 and recognized Senator Burton, 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 1810 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 1810 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

The chair laid out HB 480 and recognized Senator Burton, 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 480 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Menéndez moved that HB 480 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Burton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 2680 and recognized Senator Burton, 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 2680 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2680 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1908 and recognized the Senate sponsor, Senator Garcia, 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 1908 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 1908 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

The chair laid out HB 2589 and recognized the Senate sponsor, Senator Nichols, 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 2589 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Burton moved that HB 2589 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Burton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 189 and recognized the Senate sponsor, Senator Taylor, 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 189 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 189 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Creighton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1774 and recognized the Senate sponsor, Senator Lucio, Jr., 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 1774 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 1774 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

The chair laid out HB 1424 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill.

Senator Whitmire sent up a committee substitute; the chair recognized Senator Zaffirini 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.

Senator Whitmire moved that HB 1424 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 1424 do not pass but that CSHB 1424 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1446 and recognized the Senate sponsor, Senator Rodríguez, to explain the bill.

Senator Whitmire sent up a committee substitute; the chair recognized Senator Rodríguez 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.

Senator Whitmire moved that HB 1446 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 1446 do not pass but that CSHB 1446 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 710 and recognized the Senate sponsor, Senator Rodríguez, 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 710 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 710 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Burton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 211 and recognized the Senate sponsor, Senator Rodríguez, 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 211 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 211 do not pass but that CSHB 211 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Burton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

At 5:24 PM Senator Perry assumed the chair.

The chair laid out HB 207 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 207 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 207 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Creighton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 549 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 549 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 549 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

The chair laid out HB 1855 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 1855 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Whitmire moved that HB 1855 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Perry moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1363 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 1363 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Menéndez moved that HB 1363 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

The chair laid out HB 1490 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 1490 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Menéndez moved that HB 1490 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

At 6:01 PM Senator Whitmire resumed the chair.

The chair laid out HB 1491 and recognized the Senate sponsor, Senator Menéndez, to explain the bill.

Senator Menéndez sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Whitmire requested unanimous consent to incorporate 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.

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 1491 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Menéndez moved that HB 1491 do not pass but that CSHB 1491 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Menéndez moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1549 and recognized the Senate sponsor, Senator Menéndez, 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 1549 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Menéndez moved that HB 1549 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

Senator Menéndez moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

The chair laid out HB 1930 and recognized the Senate sponsor, Senator Menéndez, 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 1930 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Menéndez moved that HB 1930 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.

The chair laid out HB 2159 and recognized Senator Creighton, 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 2159 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2159 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

The chair laid out HB 2185 and recognized Senator Creighton, 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 2185 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Perry moved that HB 2185 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent.

There being no further business, at 6:37 PM 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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Jessie Cox, Clerk