MINUTES
Wednesday, April 23, 2003
8:00 a.m.
Betty King Committee Hearing Room, 2E.20
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Infrastructure Development
and Security Committee was held on Wednesday, April 23, 2003, in
the Betty King Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Steve Ogden Senator Frank Madla
Senator Gonzalo Barrientos
Senator Bob Deuell
Senator Rodney Ellis
Senator Jon Lindsay
Senator Florence Shapiro
Senator Eliot Shapleigh
Senator Jeff Wentworth
*****
The chair called the meeting to order at 8:01 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 972, relating to the addition of certain
municipalities to the territory of a regional transportation
authority, and recognized Senator Ogden, in the absence of the
author, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Lindsay to
explain the difference between the committee substitute and the
bill as filed. 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 SB 972 be left pending; without
objection, it was so ordered.
The chair laid out SB 1782, relating to the precedence of
highway access rules and ordinances of certain highly populated
cities and counties over highway access management orders of the
Texas Transportation Commission, and recognized the author,
Senator Lindsay, to explain the bill. Senator Lindsay sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Lindsay sent up Committee
Amendment 2 and moved adoption; without objection, the amendment
was adopted. Senator Ogden requested unanimous consent to
incorporate amendments into the committee substitute; without
objection, it was so ordered. Senator Lindsay then moved that
the new committee substitute be adopted; 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 SB 1782 be left pending;
without objection, it was so ordered.
Senator Barrientos moved adoption of the minutes from the
previous hearing held on April 14, 2003; without objection, it
was so ordered.
The chair laid out SB 1677, relating to the financing,
construction, improvement, maintenance, and operation of toll
facilities by the Texas Department of Transportation, and
recognized the author, Senator Barrientos, to explain the bill.
The chair moved that the bill be left pending, awaiting public
testimony; without objection, it was so ordered.
The chair laid out SB 1704, relating to the issuance of
specially designed license plates by the Texas Department of
Transportation, and recognized the author, Senator Wentworth, to
explain the bill. Senator Wentworth sent up a committee
substitute; the chair recognized Senator Wentworth to explain
the difference between the committee substitute and the bill as
filed. Senator Wentworth moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Wentworth sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Wentworth
sent up Committee Amendment 2 and moved adoption; without
objection, the amendment was adopted. Senator Wentworth sent up
Committee Amendment 3. 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 SB 1704 be left pending;
without objection, it was so ordered.
The chair laid out SB 1706, relating to the authorization of
airport authorities and the issuance of bonds and exercise of
eminent domain by the authorities, and recognized the author,
Senator Wentworth, to explain the bill. Senator Wentworth sent
up Committee Amendment 1. 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 SB 1706 be left pending;
without objection, it was so ordered.
The chair laid out SB 1712, relating to the acquisition,
financing, construction, operation, and maintenance of rail
facilities by the Texas Department of Transportation; granting
the authority to issue bonds, and recognized the author, Senator
Wentworth, 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 Ogden moved that SB 1712
be left pending; without objection, it was so ordered.
At 9:54 a.m. Senator Lindsay assumed the chair.
The chair laid out SB 487, relating to the relocation of
utilities required for the improvement of the state highway
system, and recognized the author, Senator Ogden, to explain the
bill. Senator Ogden sent up a committee substitute; the chair
recognized Senator Ogden to explain the difference between the
committee substitute and the bill as filed. 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 Lindsay moved
that SB 487 be left pending; without objection, it was so
ordered.
At 10:04 a.m. Senator Ogden resumed the chair.
The chair laid out SB 1677, which had been left pending earlier
in the hearing. 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 SB 1677 be left pending;
without objection, it was so ordered.
At 10:31 a.m. Senator Lindsay assumed the chair.
The chair laid out SB 344 by Ogden, relating to the required
reporting to the Texas Department of Transportation of
information regarding railroad crossings; imposing a penalty,
which had been left pending at a previous hearing. Senator Ogden
sent up a committee substitute; the chair recognized Senator
Ogden to explain the difference between the committee substitute
and the bill as filed. At the request of the author, Senator
Lindsay moved that SB 344 be left pending; without objection, it
was so ordered.
Minutes
Wednesday, April 23, 2003
page 4
At 10:35 a.m. Senator Ogden resumed the chair.
The chair laid out SB 485 by Barrientos, relating to the use of
exclusive development agreements by an intermunicipal commuter
rail district, which had been left pending at a previous
hearing. Senator Barrientos sent up a committee substitute; the
chair recognized Senator Barrientos to explain the difference
between the committee substitute and the bill as filed. Senator
Barrientos moved adoption of the committee substitute; without
objection, it was so ordered. Senator Shapiro requested
unanimous consent to be shown voting aye on SB 485; without
objection, it was so ordered. Senator Barrientos moved that SB
485 do not pass but that CSSB 485 be reported back to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 8 ayes, 0 nay, 0 present
not voting, and 1 absent. Senator Barrientos moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 1464 by Lindsay, relating to enforcement
of the collection of certain tolls; providing a penalty, which
had been left pending at a previous hearing. Senator Lindsay
sent up a committee substitute which incorporated a committee
substitute and committee amendment sent up at a previous
hearing; the chair recognized Senator Lindsay to explain the
difference between the committee substitute and the bill as
filed. Senator Lindsay moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Shapiro requested unanimous consent to be shown voting aye on SB
1464; without objection, it was so ordered. Senator Lindsay
moved that SB 1464 do not pass but that CSSB 1464 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 8 ayes, 0
nay, 0 present not voting, and 1 absent. Senator Lindsay moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 1504 by Harris, relating to the duties and
authority of the Texas Motor Vehicle Board, which had been left
pending at a previous hearing. Committee Amendment 1 was sent
up and adopted at a previous hearing. Senator Shapiro requested
unanimous consent to be shown voting aye on SB 1504; without
objection, it was so ordered. Senator Ellis moved that SB 1504,
as amended, be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Ellis moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1507 by Harris, relating to the use of
powers of attorney in certain motor vehicle transfers, which had
been left pending at a previous hearing. Senator Ogden sent up
a committee substitute which incorporated a committee substitute
Minutes
Wednesday, April 23, 2003
page 5
and committee amendment sent up at a previous hearing; Senator
Ogden explained the difference between the committee substitute
and the bill as filed. Senator Ogden moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Shapiro requested unanimous consent to be shown voting
aye on SB 1507; without objection, it was so ordered. Senator
Ellis moved that SB 1507 do not pass but that CSSB 1507 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 8
ayes, 0 nay, 0 present not voting, and 1 absent. Senator Ellis
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 1635 by Staples, relating to the use of
all-terrain vehicles, which had been left pending at a previous
hearing. A committee substitute was sent up and adopted at a
previous hearing. Senator Shapiro requested unanimous consent
to be shown voting aye on SB 1635; without objection, it was so
ordered. Senator Ellis moved that SB 1635 do not pass but that
CSSB 1635 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 8 ayes, 0 nay, 0 present not voting, and 1
absent. Senator Ellis moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB 1748 by Lucio, relating to the
continuation of the law authorizing the issuance of oversize or
overweight vehicle permits by certain port authorities, which
had been left pending at a previous hearing. Senator Shapiro
requested unanimous consent to be shown voting aye on SB 1748;
without objection, it was so ordered. Senator Barrientos moved
that SB 1748 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Wentworth moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1904 by Barrientos, relating to the
eligibility of a person to operate a commercial motor vehicle in
this state, which had been left pending at a previous hearing.
Senator Barrientos sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. Senator
Barrientos moved that SB 1904, as amended, 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
nay, 0 present not voting, and 2 absent. Senator Barrientos
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 10:53 a.m. Senator Barrientos assumed the chair.
Minutes
Wednesday, April 23, 2003
page 6
The chair laid out SB 488 by Ogden, relating to vehicle weight,
which had been left pending at a previous hearing. Senator
Shapiro requested unanimous consent to be shown voting aye on SB
488; without objection, it was so ordered. Senator Ogden moved
that SB 488 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 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.
At 10:55 a.m. Senator Ogden resumed the chair.
Minutes
Wednesday, April 23, 2003
page 7
The chair laid out SB 972, which had been left pending earlier
in the hearing. Senator Lindsay moved adoption of a committee
substitute sent up earlier at the hearing; without objection, it
was so ordered. Senator Shapiro requested unanimous consent to
be shown voting aye on SB 972; without objection, it was so
ordered. Senator Ogden moved that SB 972 do not pass but that
CSSB 972 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 8 ayes, 0 nay, 0 present not voting, and 1
absent. Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB 1704, which had been left pending earlier
in the hearing. Senator Wentworth moved adoption of Committee
Amendment 3, which had been sent up earlier at the hearing;
without objection, it was so ordered. Senator Wentworth moved
that the committee substitute and amendments be rolled into a
new committee substitute; without objection, it was so ordered.
Senator Wentworth moved adoption of the committee substitute;
without objection, it was so ordered. Senator Shapiro requested
unanimous consent to be shown voting aye on SB 1704; without
objection, it was so ordered. Senator Wentworth moved that SB
1704 do not pass but that CSSB 1704 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 8 ayes, 0 nay, 0
present not voting, and 1 absent. Senator Wentworth moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 1782, which had been left pending earlier
in the hearing. Senator Shapiro requested unanimous consent to
be shown voting aye on SB 1782; without objection, it was so
ordered. Senator Lindsay moved that SB 1782 do not pass but
that CSSB 1782 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 10:59 a.m. Senator Barrientos assumed the chair.
The chair laid out SB 487, which had been left pending earlier
in the hearing. Senator Ogden moved adoption of a committee
substitute sent up earlier at the hearing; without objection, it
was so ordered. Senator Shapiro requested unanimous consent to
be shown voting aye on SB 487; without objection, it was so
ordered. Senator Ogden moved that SB 487 do not pass but that
CSSB 487 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 8 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
Minutes
Wednesday, April 23, 2003
page 8
objection, it was so ordered.
At 11:00 a.m. Senator Ogden resumed the chair.
There being no further business, at 11:01 a.m. Senator Ogden
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
______________________
Senator Steve Ogden, Chair
______________________
Amy Schwartz, Clerk