MINUTES 
                                                       REVISED           
                      SENATE COMMITTEE ON CRIMINAL JUSTICE 
                            Wednesday, April 21, 1999 
                                     1:00 pm 
                         Capitol Extension, Room 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, April 21, 1999 in the Capitol  
         Extension, Room 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 1:20 pm.  There being  
         a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         none. 
          
         Dr. Tony Fabelo, Executive Director of the Criminal Justice  
         Policy Council presented an update on  the criminal justice  
         system and pending legislation to the members of the Senate  
         Criminal Justice Committee. 
          
         The Chair laid out SB 480 and recognized the author, Senator  
         Bernsen, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Whitmire moved that SB 480 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 5 ayes, 0 nays, 0  
         present not voting, and 2 absent.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on SB 480.  There being no objection, the motion  
         prevailed. 
  
         The Chair laid out SB 247 and recognized the author, Senator  
         Ellis, to explain the bill.   
          
         Senator Duncan sent up CSSB 247 and moved adoption, without  
         objection, the committee substitute was adopted. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list. Public testimony was  closed. 
          
         Senator West moved that SB 247 do not pass but that CSSB 247  
         be reported back 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 Nelson, Shapiro and Whitmire requested unanimous  
         consent to be shown voting aye on CSSB 247.  There being no  
         objection, the motion prevailed. 
          
         At 2:05 pm Senator Duncan assumed the chair.   
          
         The Chair laid out SB 1189 and recognized Senator Armbrister,  
         in the absence of the author, to explain the bill.   
          
         Senator Armrister 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.  Public testimony was closed. 
          
         SB 1189 was left pending. 
          
         At 2:20 pm Senator Armbrister resumed the chair.   
          
         The Chair laid out SB 185 and recognized the author, Senator  
         Barrientos, 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 185 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 Nelson, West and Whitmire requested unanimous consent  
         to be shown voting aye on SB 185.  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.   
          
         The Chair laid out SB 430 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Duncan 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.  Public testimony was closed. 
          
         Senator Duncan moved that SB 430, 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 6  
         ayes, 0 nays, 0 present not voting, and 1 absent.   
          
         Senator Nelson requested unanimous consent to be shown voting  
         aye on SB 430, as amended.  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.   
          
         The Chair laid out SB 1281 and recognized the author, Senator  
         Wentworth, to explain the bill.   
          
         Senator Shapiro sent up CSSB 1281. 
          
         Senator Shapiro 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.  Public testimony was closed. 
          
         Senator Shapiro requested unanimous consent to incorporate  
         amendments into the committee substitute.  There being no  
         objection, the motion prevailed.   
          
         Senator Shapiro moved adoption of CSSB 1281, without  
         objection, the committee substitute was adopted. 
          
         The bill was left pending at the request of the author. 
          
         The Chair brought up SB 326 from pending business. 
         Senator Whitmire sent up CSSB 326 and moved adoption, without  
         objection, the committee substitute was adopted. 
          
         Senator Whitmire moved that SB 326 do not pass but that CSSB  
         326 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         vote of 4 ayes, 2 nays, 0 present not voting, and 1 absent.   
          
         The Chair laid out SB 1100 and recognized the author, Senator  
         Cain, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator West moved that SB 1100 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 Nelson, Shapiro and Whitmire requested unanimous  
         consent to be shown aye on SB 1100.  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 962 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Jackson 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.  Public testimony was closed. 
          
         Senator Jackson moved that SB 962, 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.   
          
         Senators Nelson, Shapiro and Whitmire requested unanimous  
         consent to be shown voting aye on SB  962, as amended.  There  
         being no objection, the motion prevailed. 
          
         Senator Jackson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         At 4:10 pm Senator Jackson assumed the chair.   
          
         The Chair laid out SB 1358 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list. Public testimony was closed. 
          
         At 4:25 pm Senator Shapiro assumed the chair. 
          
         Senator Jackson moved that SB 1358 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 Nelson, Shapiro and Whitmire requested unanimous  
         consent to be shown voting aye on SB 1358.  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 534 and recognized Senator West, in the  
         absence of the author, 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 534 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 Nelson, Shapiro and Whitmire requested unanimous  
         consent to be shown voting aye on SB 534.  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.   
          
         The Chair laid out SB 1650 and recognized the author, Senator  
         Jackson, to explain the bill.   
         Senator Nelson sent up CSSB 1650 and moved adoption, without  
         objection, the committee substitute was adopted. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony ws closed. 
          
         Senator Jackson moved that SB 1650 do not pass but that CSSB  
         1650 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         vote of 6 ayes, 1 nay, 0 present not voting, and 0 absent.   
          
         Senators Nelson and Whitmire requested unanimous consent to be  
         shown voting aye on CSSB 1650.  There being no objection, the  
         motion prevailed.  Senator Shapiro requested unanimous consent  
         to be shown voting nay on CSSB 1650.  There being no  
         objection, the motion prevailed. 
          
         At 4:50 pm Senator Duncan assumed the chair.   
          
         The Chair brought up SB 739 from pending business. 
          
         Senator Armbrister withdrew the previous committee substitute  
         and sent up CSSB 739 and moved adoption, without objection,  
         the committee substitute was adopted. 
          
         Senator Jackson moved that SB 739 do not pass but that CSSB  
         739 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         vote of 5 ayes, 1 nay, 0 present not voting, and 1 absent.   
          
         Senator Whitmire requested unanimous consent to be shown  
         voting aye on CSSB 739.  There being  no objection, the motion  
  
         prevailed.  Senator Nelson requested unanimous consent to be  
         shown voting nay on CSSB 739.  There being no objection, the  
         motion prevailed. 
          
         The Chair brought up SB 403 from pending business. 
          
         Senator Armbrister withdrew the committee substitute that had  
         been previously sent up and sent up  CSSB 403. 
          
         Senator Armrister sent up Committee Amendment 1 and moved  
         adoption, without objection, the committee amendment was  
         adopted. 
          
         Senator Armbrister requested unanimous consent to incorporate  
         amendments into the committee substitute.  Senator Armbrister  
         then moved that the new committee substitute be adopted;  
         without objection, the substitute was adopted.  Senator  
         Jackson moved that SB 403 do not pass but that CSSB 403 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a vote of 6  
         ayes, 0 nays, 0 present not voting, and 1 absent.   
          
         Senators Nelson and Whitmire requested unanimous consent to be  
         shown voting aye on CSSB 403.  There being no objection, the  
         motion prevailed. 
          
         At 5:20 pm Senator Armbrister resumed the chair.   
          
         The Chair brought up SB 280 from pending business. 
          
         Senator West sent up CSSB 280 and moved adoption, without  
         objection, the committee substitute was adopted. 
          
         Senator West moved that SB 280 do not pass but that CSSB 280  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a vote of 4  
         ayes, 2 nays, 0 present not voting, and 1 absent.   
          
         Senators Nelson and Whitmire  requested unanimous consent to  
         be shown voting  nay on CSSB 280.  There being no objection,  
         the motion prevailed. 
          
         Senator Whitmire requested unanimous consent to have CSSB 1607   
         be recommended for placement on the Local and Uncontested  
         Calendar.  There being no objection, the motion prevailed. 
          
         Senator Duncan moved adoption of the minutes from April 14,  
         1999, there being no objection, the motion prevailed. 
          
         There being no further business, at 5:40 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