MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Tuesday, May 8, 2001
1:00 p.m.
Capitol Extension, Room E1.012
*****
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 8, 2001, in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Todd Staples
Senator John Whitmire
Senator Teel Bivins
Senator Mike Moncrief
Senator Steve Ogden
Senator Royce West
*****
Senator Moncrief called the meeting to order at 2:55 p.m.
There being a quorum present, the following business was
transacted:
The chair laid out HB598 and recognized the Senate sponsor,
Senator Harris, 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. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Moncrief moved that HB598 be left pending;
without objection, it was so ordered.
Senator Moncrief moved that the committee stand at ease, without
objection it was so ordered.
The meeting resumed at 3:00 p.m.
The chair laid out HB232 and recognized the Senate sponsor,
Senator Armbrister, 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 bill was left pending.
The chair laid out HB1126 and recognized the Senate sponsor,
Senator Armbrister, 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 Armbrister moved that
HB1126 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Moncrief
moved that HB1126 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 Moncrief moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator West requested
unanimous consent to be shown voting aye on HB1126, without
objection, it was so ordered.
At 3:45 p.m. Senator Armbrister resumed the chair.
The chair brought up SB1724 from pending business. Senator
Ogden had previously sent up a committee substitute on 4/25/01.
Senator Moncrief moved adoption of the committee substitute,
without objection, it was so ordered. Senator Moncrief sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Moncrief requested unanimous
consent to incorporate the amendment into the committee
substitute; without objection, it was so ordered. The bill was
left pending.
The chair laid out HB510 and recognized the Senate sponsor,
Senator West, to explain the bill. There were no witnesses on
this bill. Senator Armbrister moved that HB510 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Moncrief moved that HB510 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 nay, 0 present not voting, and 1 absent. Senator Ogden
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senators Bivins and West requested unanimous consent to be shown
voting aye on HB510, without objection, it was so ordered.
The chair laid out HB73 and recognized the Senate sponsor,
Senator West, to explain the bill.
There were no witnesses on this bill. Senator Armbrister moved
that HB73 be left pending; without objection, it was so ordered.
The chair laid out HB1541 and recognized the Senate sponsor,
Senator West, 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
Armbrister moved that HB1541 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Whitmire moved that HB1541 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 West requested
unanimous consent to be shown voting aye on HB1541, without
objection, it was so ordered.
At 3:55 p.m. Senator West assumed the chair.
At 4:00 p.m. Senator Armbrister resumed the chair.
The chair laid out HB171 and recognized the Senate sponsor,
Senator Nelson, to explain the bill.
Senator West sent up a committee substitute; the chair
recognized Senator Nelson to explain the difference between the
committee substitute and the bill as filed. Senator Whitmire
moved adoption of the committee substitute; without objection,
it was so ordered. Senator West sent up Committee Amendment 1
and moved adoption; without objection, the amendment was
adopted. Senator Whitmire requested unanimous consent to
incorporate amendments into 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 then moved that
the new committee substitute be adopted; without objection, it
was so ordered. Senator Whitmire moved that HB171 do not pass
but that CSHB171 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 nay, 0 present not
voting, and 1 absent. Senators Bivins and West requested
unanimous consent to be shown voting aye on HB171, without
objection, it was so ordered.
At 4:25 p.m. Senator West assumed the chair.
At 4:30 p.m. Senator Armbrister resumed the chair.
The chair laid out HB84 and recognized the Senate sponsor,
Senator Ogden, 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
Armbrister moved that HB84 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Ogden moved that HB84 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 Ogden moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator West requested
unanimous consent to be shown voting aye on HB84, without
objection, it was so ordered.
The chair laid out HB1323 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. Senator
West sent up a committee substitute; the chair recognized Jason
Johnson to explain the difference between the committee
substitute and the bill as filed. Senator West 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 Ogden moved that HB1323 do not pass but that CSHB1323 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 nay, 0 present not voting, and 1 absent. Senators
Bivins and West requested unanimous consent to be shown voting
aye on HB1323, without objection, it was so ordered.
At 4:50 p.m. Senator West assumed the chair.
The chair laid out HB223 and recognized the Senate sponsor,
Senator Bernsen, 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 bill was left pending.
The chair laid out HB1659 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
Jason Johnson to explain the difference between the committee
substitute and the bill as filed. 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 Moncrief moved that HB1659 do not pass but that CSHB1659
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 nay, 0 present not voting, and 1 absent. Senator
Whitmire moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered. Senators Bivins and West requested unanimous consent
to be shown voting aye on HB1659, without objection, it was so
ordered.
The chair laid out HB1658 and recognized Senator Whitmire, 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 HB1658 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 nay, 0 present not
voting, and 1 absent. Senator Whitmire moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senators Bivins and West
requested unanimous consent to be shown voting aye on HB1658,
without objection, it was so ordered.
The chair laid out HB805 and recognized Senator Whitmire, 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 bill was left
pending.
At 5:25 p.m. Senator Armbrister resumed the chair.
The chair brought up HB236 from pending business. Senator
Moncrief sent up a committee substitute; the chair recognized
Senator Moncrief to explain the difference between the committee
substitute and the bill as filed. Senator Moncrief moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Whitmire sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Moncrief requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator Moncrief then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Moncrief moved that HB236 do not pass but that
CSHB236 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 4 ayes, 1 nay, 0 present not voting, and 2
absent.
The chair laid out HB1680 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
HB1680 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 nay, 0 present not
voting, and 1 absent. Senator Whitmire moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senators Bivins and West
requested unanimous consent to be shown voting aye on HB1680,
without objection, it was so ordered.
At 6:30 p.m. Senator Whitmire assumed the chair.
The chair laid out HB335 and recognized the Senate sponsor,
Senator Armbrister, 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 Moncrief moved that HB335
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 nay, 0 present not voting, and 1 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered. Senators Bivins and West
requested unanimous consent to be shown voting aye on HB335,
without objection, it was so ordered.
At 6:35 p.m. Senator Armbrister resumed the chair.
There being no further business, at 7:24 p.m. Senator Armbrister
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly C. Gilbert, Clerk