MINUTES 
                                           
              SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY 
                              Thursday, April 28, 2005 
                                     1:30 p.m. 
                                   Senate Chamber 
                                           
                                       ***** 
                                           
         Pursuant to suspension of Senate Rule 11.18, a public hearing of  
         the Senate Committee on Transportation and Homeland Security was  
         held on Thursday, April 28, 2005, in the Senate Chamber at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Todd Staples                    Senator Kim Brimer 
         Senator Gonzalo Barrientos              Senator Frank Madla 
         Senator Rodney Ellis 
         Senator Jon Lindsay 
         Senator Florence Shapiro 
         Senator Eliot Shapleigh 
         Senator Jeff Wentworth 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:52 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senate posting rules 11.10 and 11.18, were suspended to hear the  
         following pending bills: 
          
         The chair laid out as pending business, CSSB 696.  The  
         substitute was previously adopted at the committee's April 27,  
         2005 hearing.  Senator Shapleigh moved that SB 696 do not pass  
         but that CSSB 696 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, 1 nay, 0 present not  
         voting, and 3 absent.   
          
         The chair laid out as pending business, HB 87.  Senator Ellis  
         moved that HB 87 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 1 nay, 0 present not  
         voting, and 3 absent.   
          
         The chair laid out as pending business, CSHB 749.  The committee  
         substitute was previously adopted at the committee's April 27,  
         2005 hearing.  Senator Staples withdrew committee amendment 1;  
         without objection, it was so ordered. Senator Lindsay moved that  
         HB 749 do not pass but that CSHB 749 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 3 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 as pending business, SB 859.  Committee  
         amendment 1 by Senator Ellis was left pending at the committee's  
         April 13, 2005 hearing.  Senator Ellis moved adoption of  
         committee amendment 1; without objection, the amendment was  
         adopted.  Senator Ellis requested unanimous consent to  
         incorporate the amendment into a committee substitute; without  
         objection, it was so ordered.  Senator Ellis then moved that the  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Ellis moved that SB 859 do not pass but that  
         CSSB 859 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, 1 nay, 0 present not voting, and 3  
         absent.   
          
         There being no further business, at 2:04 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