MINUTES 
                                           
              SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY 
                             Wednesday, April 27, 2005 
                                     8:00 p.m. 
                           Capitol Extension, Room E1.016 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on  
         Transportation and Homeland Security was held on Wednesday,  
         April 27, 2005, in the Capitol Extension, Room E1.016, at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Todd Staples                    None 
         Senator Gonzalo Barrientos 
         Senator Kim Brimer 
         Senator Rodney Ellis 
         Senator Jon Lindsay 
         Senator Frank Madla 
         Senator Florence Shapiro 
         Senator Eliot Shapleigh 
         Senator Jeff Wentworth 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:05 a.m.  The  
         following business was transacted: 
          
         The chair laid out HB 749 and recognized Jason Skaggs,  
         Legislative Aide to Senator Duncan, in the absence of the Senate  
         sponsor, Senator Duncan, to explain the bill.  Senator Brimer  
         sent up a committee substitute; the chair recognized Jason  
         Skaggs, Legislative Aide to Senator Duncan, to explain the  
         difference between the committee substitute and the bill as  
         engrossed.  Senator Brimer 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 Staples explained  
         proposed committee amendment 1; committee amendment 1 was not  
         officially sent up.  The chair moved that CSHB 749 and proposed  
         committee amendment 1 be left pending; without objection, it was  
         so ordered.   
          
         The chair laid out SB 1818 and recognized the author, Senator  
         Janek, to explain the bill. Senator Wentworth sent up a  
         committee substitute; the chair recognized Senator Janek to  
         explain the difference between the committee substitute and the  
  
         bill as engrossed.  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 chair moved that SB 1818 and the committee  
         substitute be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out SB 499 and recognized the author, Senator  
         West, to explain the bill.  Senator Shapleigh sent up a  
         committee substitute; the chair recognized Senator West to  
         explain the difference between the committee substitute and the  
         bill as engrossed.  Senator Shapleigh 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.  The chair moved  
         that CSSB 874 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out HB 874 and recognized the Senate sponsor,  
         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 engrossed.  Senator Wentworth 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.  The  
         chair moved that CSHB 874 be left pending; without objection, it  
         was so ordered.   
          
         The chair laid out HB 540 and recognized the Senate sponsor,  
         Senator Lindsay, 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 engrossed.  Senator Lindsay 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.  The chair moved  
         that CSHB 540 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out HB 160 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill. With no one present  
         wishing to register or testify, the chair moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         chair moved that HB 160 be left pending; without objection, it  
         was so ordered.   
          
         The chair laid out HB 87 and recognized Senator Wentworth, in  
         the absence of the Senate sponsor, Senator Madla, 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  
  
         chair moved that HB 87 be left pending; without objection, it  
         was so ordered.   
          
         The chair laid out SB 696 and recognized Senator Wentworth, in  
         the absence of the author, Senator Ogden, 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.  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 chair moved that CSSB 696 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out SB 1699 and recognized Senator Brimer, in the  
         absence of the author, Senator Averitt, to explain the bill.   
          
         At 9:00 a.m. there being a quorum present the clerk called the  
         roll. Senator Lindsay moved adoption of the minutes from the  
         previous hearing held on April 20, 2005; without objection, it  
         was so ordered.   
          
         Witnesses testifying and registering on the bill, SB 1699, are  
         shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Brimer sent up a committee substitute; the chair  
         recognized Senator Brimer to explain the difference between the  
         committee substitute and the bill as filed.  Senator Brimer  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  The chair moved that CSSB 1699 be left  
         pending; without objection, it was so ordered.   
          
         At 9:05 a.m. Senator Wentworth assumed the chair.   
          
         The chair laid out SB 322 as pending business and recognized the  
         author, Senator Staples, to explain the bill.  Senator Staples  
         made a motion to reconsider the adoption of the committee  
         substitute at the committee's March 30th hearing; without  
         objection, the motion was adopted.  Senator Staples withdrew the  
         March 30th committee substitute. Senator Staples sent up a  
         committee substitute; the chair recognized Senator Staples to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Staples 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.  The chair moved that CSSB  
         322 be left pending; without objection, it was so ordered.   
          
         The chair laid out SB 1073 as pending business and recognized  
         the author, Senator Staples, to explain the bill.  Senator  
         Staples made a motion to reconsider the adoption of  committee  
         amendment 1 at the committee's March 30th hearing; without  
         objection, the motion was adopted.  Senator Staples withdrew the  
  
         March 30th committee amendment 1. Senator Staples sent up a  
         committee substitute; the chair recognized Senator Staples to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Staples 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.  The chair moved that CSSB  
         1073 be left pending; without objection, it was so ordered.   
          
         The chair laid out SB 1706 as pending business and recognized  
         the author, Senator Staples, to explain the bill. Senator  
         Staples sent up a committee substitute; the chair recognized  
         Senator Staples to explain the difference between the committee  
         substitute and the bill as filed.  The following amendments are  
         drafted to the proposed committee substitute. 
          
         The chair recognized Senator Staples on committee amendment 1.   
         Senator Staples sent up committee amendment 1 and explained the  
         amendment. Senator Staples moved adoption; without objection,  
         the amendment was adopted. 
          
         The chair recognized Senator Staples on committee amendment 2.   
         Senator Staples sent up committee amendment 2 and explained the  
         amendment. Senator Staples moved adoption; without objection,  
         the amendment was adopted. 
          
         The chair recognized Senator Staples on committee amendment 3.   
         Senator Staples sent up committee amendment 3 and explained the  
         amendment. Senator Staples moved that committee amendment 3 be  
         left pending; without objection, it was so ordered.   
          
         At 9:31 a.m. Senator Barrientos assumed the chair.   
          
         The chair recognized Senator Wentworth on committee amendment 4.   
         Senator Wentworth sent up committee amendment 4 and explained  
         the amendment. Senator Wentworth moved that committee amendment  
         4 be left pending; without objection, it was so ordered.   
         Resource witness testimony only was heard. 
          
         At 9:54 a.m. Senator Barrientos moved that the committee stand  
         recessed until subject to the call of the chair; without  
         objection, it was so ordered.   
          
         At 3:34 p.m., upon adjournment of the Senate, Senator Staples  
         reconvened the committee hearing. 
          
         The chair recognized Senator Brimer on committee amendment 5.   
         Senator Brimer, sent up committee amendment 5 and explained the  
         amendment. The chair moved that committee amendment 5 be left  
         pending; without objection, it was so ordered.   
          
         At 3:37 p.m. Senator Brimer assumed the chair.   
  
         The chair recognized Senator Staples on committee amendment 6.   
         Senator Staples, in the absence of the author of the amendment  
         Senator Shapiro, sent up committee amendment 6 and explained the  
         amendment. The chair moved that committee amendment 6 be left  
         pending; without objection, it was so ordered.   
          
         The chair recognized Senator Staples on committee amendment 7.   
         Senator Staples, in the absence of the author of the amendment,  
         Senator Shapleigh, sent up committee amendment 7 and explained  
         the amendment. The chair moved that committee amendment 7 be  
         left pending; without objection, it was so ordered.   
          
         At 3:41 p.m. Senator Barrientos assumed the chair.   
          
         The chair recognized Senator Brimer on committee amendment 8.   
         Senator Brimer, in the absence of the author of the amendment,  
         Senator Lindsay, sent up committee amendment 8 and explained the  
         amendment. Resource witness testimony only was heard. The chair  
         moved that committee amendment 8 be left pending; without  
         objection, it was so ordered. 
          
         The chair recognized Senator Brimer on committee amendment 9.   
         Senator Brimer, in the absence of the author of the amendment,  
         Senator Lindsay, sent up committee amendment 9 and explained the  
         amendment. Resource witness testimony only was heard. The chair  
         moved that committee amendment 9 be left pending; without  
         objection, it was so ordered. 
          
         The chair withdrew the previously sent up committee amendment 4. 
          
         The chair recognized Senator Brimer on committee amendment 4a.   
         Senator Brimer, in the absence of the author of the amendment,  
         Senator Wentworth, sent up committee amendment 4a and explained  
         the amendment.  Public testimony was opened only for people  
         wishing to register or testify on committee amendment 4a.  The  
         chair moved that the public testimony on committee amendment 4a  
         be closed; without objection, it was so ordered.  The chair  
         moved that committee amendment 4a be left pending; without  
         objection, it was so ordered. 
          
         Senator Staples moved that SB 1706, the committee substitute and  
         committee amendments 3, 4a, 5, 6, 7, 8 and 9 that were sent up  
         today be left pending; without objection, it was so ordered.   
          
         At 4:21 p.m. Senator Staples resumed the chair.  The chair  
         announced a tentative meeting for tomorrow, Thursday, April 28th  
         upon adjournment of the Senate to vote on some of the bills from  
         today's posting, at his Senate chamber desk.  If the meeting is  
         to occur, the senate posting rules will be suspended and  
         Chairman Staples will make an announcement on the Senate floor. 
          
         There being no further business, at 4:24 p.m. Senator Staples  
         moved that the committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
  
         _____________________________ 
         Senator Todd Staples, Chair 
          
         _____________________________ 
         Patricia Gajda, Clerk