MINUTES 
          
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                          Wednesday, February 17, 1999 
                                     2:00 pm 
                                     E1.016 
          
                                      ***** 
          
         Pursuant to a notice posted in accordance with Senate Rule  
         11.11, a public hearing of the Senate Committee on Criminal  
         Justice was held on Wednesday, February 17, 1999 in E1.016, at  
         Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              None 
         Senator Robert Duncan 
         Senator Mike Jackson 
         Senator Jane Nelson 
         Senator Florence Shapiro 
         Senator Royce West 
         Senator John Whitmire 
          
                                      ***** 
          
         The Chair called the meeting to order at 2:10 pm.  There being  
         a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         none. 
          
         Senator Nelson moved adoption of the minutes from February 3,  
         1999, there being no objection, the motion prevailed. 
          
         The Chair laid out SB 70 and recognized the author, Senator  
         Brown, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Nelson moved that SB 70 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 7 ayes, 0 nays, 0 present  
         not voting, and 0 absent.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on SB 70.  There being no objection the motion prevailed. 
          
         Senator West moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
  
          The Chair laid out SB 284 and recognized the author, Senator  
         Brown, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Duncan moved that SB 284 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 7 ayes, 0 nays, 0 present  
         not voting, and 0 absent.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on SB 284.  There being no objection the motion prevailed. 
          
         The Chair laid out SB 46 and recognized the author, Senator  
         Carona, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Duncan sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator West moved that SB 46, as amended, be reported  
         favorably to the Senate with the recommendation that it do  
         pass and be printed. The motion carried with a vote of 7 ayes,  
         0 nays, 0 present not voting, and 0 absent.   
          
         At 2:30 pm Senator Duncan assumed the chair.   
          
         Senator West moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 2:35 pm Senator Armbrister resumed the chair.                    
          
         The Chair laid out SB 187 and recognized the author, Senator  
         Lucio, Jr., to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed.   
          
         Senator West offered Committee Amendment 1.  Senator Lucio,  
         Jr. explained the amendment.  After discussion, Senator West  
         withdrew the amendment pending new language. 
          
         The Chair moved that SB 187 be left pending subject to the  
         call of the Chair. 
          
         The Chair laid out SB 306 and recognized the author, Senator  
         Lucio, Jr., to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
  
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted. 
          
         The Chair referred SB 306 to the Subcommittee on SB 306 for  
         further consideration.  The Chair appointed Senator Duncan as  
         Chair of the subcommittee and Senators Shapiro and West as  
         members of the subcommittee.  The Chair asked that the  
         subcommittee report back to the full committee at the next  
         committee meeting on February 24, 1999.   
          
         The Chair  recalled SB 187 from the table. 
          
         Senator West offered Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted. 
          
         Senator West moved that SB 187 as amended be reported  
         favorably to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a vote of 7  
         ayes, 0 nays, 0 present not voting, and 0 absent.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on SB 187.  There being no objection, the motion  
         prevailed. 
          
         The Chair laid out SB 216 and recognized the author, Senator  
         Duncan, to explain the bill.   
          
         Senator Duncan moved that SB 216 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 7 ayes, 0 nays, 0 present  
         not voting, and 0 absent.   
          
         Senators Jackson, Shapiro and Whitmire requested unanimous  
         consent to be shown voting aye on SB 216.  There being no  
         objection, the motion prevailed. 
          
         The Chair laid out SB 217 and recognized the author, Senator  
         Duncan, to explain the bill.   
          
         Senator Duncan moved that SB 217 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a vote of 7 ayes, 0 nays, 0 present  
         not voting, and 0 absent.   
          
         Senators Jackson, Shapiro and Whitmire requested unanimous  
         consent to be shown voting aye on SB 217.  There being no  
         objection, the motion prevailed. 
          
         The Chair laid out SB 383 and recognized the author, Senator  
         Duncan, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
  
         Senator Duncan sent up CSSB 383 and moved adoption, without   
         objection, the committee substitute was adopted. 
          
         Senator Duncan moved that SB 383 do not pass, but that the  
         Committee Substitute be considered in lieu thereof and be  
         reported favorably to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a vote of  
         6 ayes, 0 nays, 1 present not voting, and 0 absent.   
          
         Senators Shapiro and Whitmire requested unanimous consent to  
         be shown voting aye on CSSB 383.  There being no objection,  
         the motion prevailed.  Senator West requested unanimous  
         consent to be shown voting present not voting on CSSB 383.   
         There being no objection, the motion prevailed. 
          
         Senator Duncan 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 4:30 pm 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