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MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Friday, May 21, 2021

8:30 AM

Capitol Extension, Room E1.016

 

*****

 

Pursuant to suspension of Senate Rule 11.10 and 11.18, a public hearing of the Senate Committee on Criminal Justice was held on Friday, May 21, 2021, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Whitmire, Chair

 

None

Senator Joan Huffman, Vice Chair

 

 

Senator Paul Bettencourt

 

 

Senator Brian Birdwell

 

 

Senator Juan Hinojosa

 

 

Senator Borris Miles

 

 

Senator Robert Nichols

 

 

 

*****

 

The chair called the meeting to order at 8:30 AM. There not being a quorum present, the following business was transacted:

 

The chair laid out HB 4293 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 the 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 4293 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 558 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 558 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 1306 and recognized Senator Juan Hinojosa, in the absence of the Senate sponsor, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 1306 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 1400 and recognized Senator Juan Hinojosa, in the absence of the Senate sponsor, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 1400 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 3157 and recognized the Senate sponsor, Senator Miles, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 3157 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 2357 and recognized the Senate sponsor, Senator Miles, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 2357 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 2831 and recognized the Senate sponsor, Senator Miles, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 2831 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 4149 and recognized the Senate sponsor, Senator Miles, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 4149 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 757 and recognized the Senate sponsor, Senator Miles, 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 757 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 624 and recognized Senator Juan Hinojosa, in the absence of the Senate sponsor, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 624 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 679 and recognized Senator Juan Hinojosa, in the absence of the Senate sponsor, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 679 be left pending; without objection, it was so ordered.

 

The chair laid out HB 3114 and recognized Senator Juan Hinojosa, in the absence of the Senate sponsor, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 3114 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 3452 and recognized Senator Juan Hinojosa, 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 3452 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 2036 and recognized the Senate sponsor, Senator Huffman, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 2036 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 2352 and recognized the Senate sponsor, Senator Huffman, to explain the bill.

 

Senator Huffman sent up a committee substitute.  The chair recognized Senator Huffman to explain the difference between the committee substitute and the house bill as engrossed.  Senator Whitmire moved the 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 2352 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 4338 and recognized the Senate sponsor, Senator Huffman, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 4338 be left pending to await a quorum; without objection, it was so ordered.

 

At 9:01 AM Senator Huffman assumed the chair.

 

The chair laid out HB 721 and recognized Senator Whitmire, in the absence of the Senate sponsor, to explain the bill.

 

There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Whitmire moved that HB 721 be left pending to await a quorum; without objection, it was so ordered.

 

At 9:05 AM Senator Whitmire resumed the chair.

 

There being no further business, at 9:05 AM Senator Whitmire moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered.

 

At 5:08 PM Senator Whitmire reconvened the meeting. The roll was called and a quorum was established.

 

The chair laid out as a matter of pending business HB 558.

 

Senator Huffman moved that HB 558 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 Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 624.

 

Senator Huffman moved that HB 624 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 Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 5:11 PM Senator Huffman assumed the chair.

 

The chair laid out as a matter of pending business HB 721 and recognized Senator Whitmire, in the absence of the Senate sponsor, 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 the adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Whitmire moved that HB 721 do not pass but that CSHB 721 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 Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 5:12 PM Senator Whitmire resumed the chair.

 

The chair laid out as a matter of pending business HB 1306.

 

Senator Bettencourt moved that HB 1306 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 Bettencourt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1400.

 

Senator Bettencourt moved that HB 1400 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 Bettencourt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2036.

 

Senator Huffman moved that HB 2036 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 Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business CSHB 2352.

 

Senator Huffman moved that HB 2352 do not pass but that CSHB 2352 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 Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2357.

 

Senator Miles moved that HB 2357 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 Miles moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2831.

 

Senator Miles moved that HB 2831 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 Miles moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 3114.

 

Senator Huffman moved that HB 3114 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 Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 3157.

 

Senator Miles moved that HB 3157 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 Miles moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 3452.

 

Senator Huffman moved that HB 3452 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 Huffman moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 4149.

 

Senator Miles moved that HB 4149 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 Miles moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business CSHB 4293.

 

The chair moved to reconsider the vote for CSHB 3606. Without objection, it was so ordered.

 

The chair moved to withdraw the substitute for HB 3606. Without objection, it was so ordered.

 

Senator Miles moved that HB 4293 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 as a matter of pending business HB 757.

 

Senator Miles moved that HB 757 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, 0 nays, 0 present not voting, and 1 absent.

 

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

 

There being no further business, at 5:30 PM Senator Whitmire moved that the Committee be adjourned. Without objection, it was so ordered.

 

 

 

 

 

 

 

__________________________________________

Senator John Whitmire, Chair

 

 

__________________________________________

Giovanna DiNapoli, Clerk