MINUTES

 

SENATE COMMITTEE ON CRIMINAL JUSTICE

Tuesday, May 9, 2023

8:30 AM

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 Tuesday, May 9, 2023, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Whitmire, Chair

 

Senator Paul Bettencourt

Senator Pete Flores, Vice Chair

 

 

Senator Juan Hinojosa

 

 

Senator Joan Huffman

 

 

Senator Phil King

 

 

Senator Borris Miles

 

 

 

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The chair called the meeting to order at 8:30 AM. There being a quorum present, the following business was transacted:

 

The following members arrived after the roll was called: Senator Miles and Senator Flores

 

The posting rules, Senate Rules 11.10 and 11.18, was suspended to hear the following bill(s): HB 6

 

The chair laid out HB 2251 and recognized the Senate sponsor, Senator Zaffirini, 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.

 

Senator Flores moved that HB 2251 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. The following members submitted a motion in writing requesting to be shown voting aye on HB 2251: Senator Miles, Senator King

 

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

 

The chair laid out HB 1221 and recognized the Senate sponsor, Senator Zaffirini, 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.

 

Senator Flores moved that HB 1221 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. The following members submitted a motion in writing requesting to be shown voting aye on HB1221: Senator Miles, Senator King

 

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

 

The chair laid out HB 28 and recognized the Senate sponsor, Senator Birdwell, 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 28 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 393 and recognized the Senate sponsor, Senator Paxton, 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.

 

Senator Whitmire moved that HB 393 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 568 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 Huffman moved that HB 568 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. The following members submitted a motion in writing requesting to be shown voting aye on HB568: Senator Miles, Senator Flores

 

Senator Huffman 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 HB28. Senator Huffman moved that HB 28 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. The following members submitted a motion in writing requesting to be shown voting aye on HB28: Senator Miles, Senator Flores

 

Senator Huffman 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 HB393. Senator Huffman moved that HB 393 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. The following members submitted a motion in writing requesting to be shown voting aye on HB393: Senator Miles, Senator Flores

 

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 HB 2306 and recognized the Senate sponsor, Senator Middleton, 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.

 

Senator Huffman moved that HB 2306 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. The following members submitted a motion in writing requesting to be shown voting aye on HB2306: Senator Miles, Senator Flores

 

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 HB 517 and recognized Senator Huffman, 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 Huffman moved that HB 517 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. The following members submitted a motion in writing requesting to be shown voting aye on HB517: Senator Miles, Senator Flores

 

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 HB 2454 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 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 Flores moved that HB2454 do not pass but that CSHB2454 be reported back 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. The following members submitted a motion in writing requesting to be shown voting aye on CSHB2454: Senator Miles

 

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

 

At 09:14AM Senator Flores assumed the chair.

 

The chair laid out HB 1442 and recognized Senator Phil King, in the absence of the Senate sponsor, to explain the bill.

 

Senator King sent up a committee substitute.  The chair recognized Senator King to explain the difference between the committee substitute and the house bill as engrossed.  Senator Flores moved the adoption of the committee substitute; without objection, it was so ordered.

 

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.

 

Senator Huffman moved that HB 1442 do not pass but that CSHB 1442 be reported back 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. The following members submitted a motion in writing requesting to be shown voting aye on CSHB1442: Senator Miles, Senator Whitmire

 

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 HB 541 and recognized Senator Juan Hinojosa to explain the bill.

 

No witnesses testifying or registering on the bill.

 

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

 

Senator Flores moved that HB 541 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 165 and recognized Senator Juan Hinojosa, 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.

 

Senator Flores moved that HB165 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 1826 and recognized Senator Juan Hinojosa, 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.

 

Senator Flores moved that HB 1826 be left pending to await a quorum; without objection, it was so ordered.

 

At 09:24AM Senator Huffman assumed the chair.

 

The chair laid out HB 2708 and recognized the Senate sponsor, Senator Pete Flores, 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 Flores moved that HB 2708 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 3075 and recognized the Senate sponsor, Senator Pete Flores, 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.

 

Senator Flores moved that HB 3075 be left pending to await a quorum; without objection, it was so ordered.

 

At 09:30 AM Senator Huffman moved that the Committee stand recessed until after adjournment of the Senate. Without objection, it was so ordered.

 

Pursuant to a motion made by Senator Whitmire to suspend Senate Rules 11.10 and 11.18, and adopted by the Senate, Senator Whitmire reconvened the Senate Committee on Criminal Justice in the Senate Press Room, 2E.9, at 4:50PM.

The Chair called the meeting to order, the clerk called the roll, and a quorum was present.

 

The chair laid out HB 6 and recognized Senator Pete Flores, in the absence of the Senate sponsor, to explain the bill.

 

 No witnesses testified or registered on the bill.

 

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

 

Senator Flores sent up a committee substitute.  The chair recognized Senator Flores 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 Flores moved that HB 6 do not pass but that CSHB 6 be reported back 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. The following members submitted a motion in writing requesting to be shown voting aye on CSHB6: Senator Huffman

 

As a matter of pending business, the Chair laid out HB165. Senator Flores moved that HB 165 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. The following members submitted a motion in writing requesting to be shown voting aye on HB165: Senator Huffman

 

Senator Flores 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 HB541. Senator Flores moved that HB541 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. The following members submitted a motion in writing requesting to be shown voting aye on HB541: Senator Huffman

 

Senator Flores 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 HB1826. Senator Flores moved that HB1826 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. The following members submitted a motion in writing requesting to be shown voting aye on HB1826: Senator Huffman

 

As a matter of pending business, the chair laid out HB2708. Senator Hinojosa moved that HB 2708 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. The following members submitted a motion in writing requesting to be shown voting aye on HB2708: Senator Huffman

 

Senator Hinojosa 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 HB3075. Senator Hinojosa moved that HB 3075 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. The following members submitted a motion in writing requesting to be shown voting aye on HB3075: Senator Huffman

 

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

 

 

 

 

Senator Flores sent up a committee substitute.  The chair recognized Senator Flores 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.

 

As a matter of pending business, Senator Flores moved that SB2287 do not pass but that CSSB 2287 be reported back 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. The following members submitted a motion in writing requesting to be shown voting aye on SB2287: Senator Huffman

 

There being no further business, at 4:57 PM Senator Whitmire moved that the Committee stand recessed. Without objection, it was so ordered.

 

 

 

 

 

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Senator John Whitmire, Chair

 

 

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Juan Negrete, Clerk