MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, May 4, 2005
8:00 a.m.
Capitol Extension, Room E1.016
*****
Pursuant to suspension of Senate Rule 11.18, a public hearing of
the Senate Committee on Transportation and Homeland Security was
held on Wednesday, May 4, 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 8:07 a.m. The
following business was transacted:
The chair laid out SB 921 and recognized the author, Senator
Duncan, 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 SB 921 be
left pending; without objection, it was so ordered.
The chair announced that HB 754 was pulled down by the Senate
sponsor; no action was taken on this bill.
The chair laid out SB 1762 and recognized Senator Shapleigh, in
the absence of the author, Senator Gallegos, 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 SB 1762 be left pending; without objection, it
was so ordered.
The chair laid out as pending business SB 1818 and recognized
the author, Senator Janek, to explain the bill. Senator Lindsay
sent up committee amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Lindsay requested
unanimous consent to incorporate amendments into the committee
substitute that was left pending at the committee's April 27th
hearing; without objection, it was so ordered. Senator Lindsay
then moved that the new committee substitute be adopted; without
objection, it was so ordered.
At 8:26 a.m. there being a quorum being present the clerk called
the roll.
Senator Lindsay moved that SB 1818 do not pass but that CSSB
1818 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 as pending business CSSB 322, the substitute
having been previously adopted at the committee's April 27th
hearing and recognized the author, Senator Staples, to explain
the bill.
At 8:29 a.m. Senator Madla assumed the chair.
Senator Staples moved that SB 322 do not pass but that CSSB 322
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
Staples 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 CSSB 1073, the substitute
having been previously adopted at the committee's April 27th
hearing and recognized the author, Senator Staples, to explain
the bill. The chair moved that SB 1073 be left pending; without
objection, it was so ordered.
At 8:34 a.m. Senator Staples resumed the chair.
The chair laid out as pending business CSSB 1251, the substitute
having been previously been adopted at the committee's April 6th
hearing and recognized the author, Senator Brimer, to explain
the bill. Senator Brimer moved that SB 1251 do not pass but
that CSSB 1251 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 0 absent.
At 8:36 a.m. Senator Madla assumed the chair.
The chair laid out as pending business SB 1375 and the pending
committee substitute and recognized the author, Senator Staples,
to explain the bill. Senator Staples withdrew the committee
substitute that was sent up at the committee's April 20th
hearing. 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 sent up committee amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Staples
requested unanimous consent to incorporate amendments into the
committee substitute; without objection, it was so ordered.
Senator Staples then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Staples
moved that CSSB 1375 do not pass but that CSSB 1375 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 Staples moved
that the bill be recommended for placement on the local &
uncontested calendar; without objection, it was so ordered.
At 8:44 a.m. Senator Wentworth assumed the chair.
The chair laid out as pending SB 1706 and the pending committee
substitute and recognized the author, Senator Staples, to
explain the bill.
Committee amendments 1 and 2 were previously adopted at the
committee's April 27th hearing.
The chair recognized Senator Staples on committee amendment 3.
Senator Staples sent up as pending business committee amendment
3. Senator Staples withdrew committee amendment 3; without
objection, the amendment was withdrawn. The chair recognized
Senator Staples on committee amendment 3a. Senator Staples sent
up committee amendment 3a and explained the amendment. Senator
Staples moved adoption; without objection, the amendment was
adopted.
At 8:49 a.m. Senator Staples resumed the chair.
Committee amendment 4 was previously withdrawn at the
committee's April 27th hearing.
The chair recognized Senator Wentworth on committee amendment
4a. Senator Wentworth sent up as pending business committee
amendment 4a. Senator Wentworth moved adoption; the motion
failed by a record vote of 3 ayes, 3 nays, 0 present not voting,
and 3 absent.
The chair recognized Senator Brimer on committee amendment 5.
Senator Brimer sent up as pending business committee amendment 5
and explained the amendment. Senator Brimer moved adoption;
without objection, the amendment was adopted.
The chair recognized Senator Lindsay on committee amendment 6 by
Senator Shapiro. Senator Lindsay sent up as pending business
committee amendment 6 by Senator Shapiro. Senator Lindsay
withdrew committee amendment 6; without objection, the amendment
was withdrawn. The chair recognized Senator Lindsay on committee
amendment 6a by Senator Shapiro. Senator Lindsay sent up
committee amendment 6a and explained the amendment. Senator
Lindsay moved adoption; without objection, the amendment was
adopted.
The chair recognized Senator Shapleigh on committee amendment 7.
Senator Shapleigh sent up as pending business committee
amendment 7 and explained the amendment. Senator Shapleigh
moved adoption; without objection, the amendment was adopted.
The chair recognized Senator Lindsay on committee amendment 8.
Senator Lindsay sent up as pending business committee amendment
8. Senator Lindsay withdrew committee amendment 8; without
objection, the amendment was withdrawn.
The chair recognized Senator Lindsay on committee amendment 9.
Senator Lindsay sent up as pending business committee amendment
9. Senator Lindsay withdrew committee amendment 9; without
objection, the amendment was withdrawn.
At 8:52 a.m. Senator Barrientos assumed the chair.
The chair recognized Senator Staples on committee amendment 9a.
Senator Staples sent up committee amendment 9a. Senator Staples
moved adoption; without objection, the amendment was adopted.
The chair recognized Senator Shapleigh on committee amendment
10. Senator Shapleigh sent up committee amendment 10. Senator
Shapleigh moved adoption; without objection, the amendment was
adopted.
The chair recognized Senator Staples on committee amendment 11.
Senator Staples sent up committee amendment 11. Senator Staples
moved adoption; without objection, the amendment was adopted.
The chair recognized Senator Staples on committee amendment 12.
Senator Staples sent up committee amendment 12. Selected
resource witness testimony only was heard. Senator Staples
moved adoption; without objection, the amendment was adopted.
At 9:14 a.m. Senator Lindsay assumed the chair.
The chair recognized Senator Barrientos on committee amendment
13. Senator Barrientos sent up committee amendment 13. Senator
Barrientos moved adoption; without objection, the amendment was
adopted.
Senator Staples requested unanimous consent to incorporate all
the above adopted amendments into a new committee substitute;
without objection, it was so ordered. Senator Staples then
moved that the new committee substitute be adopted; without
objection, it was so ordered. Senator Staples moved that SB
1706 do not pass but that CSSB 1706 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.
At 9:17 a.m. Senator Staples resumed the chair.
The chair laid out HB 2958 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 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.
At 9:22 a.m. Senator Barrientos assumed the chair.
The chair moved that the public testimony be closed; without
objection, it was so ordered. The chair moved that HB 2958, the
committee substitute and committee amendment 1 be left pending;
without objection, it was so ordered.
At 9:40 a.m. Senator Staples resumed the chair.
The chair laid out SB 1548 and recognized the author, Senator
Van de Putte, to explain the bill. Senator Barrientos sent up a
committee substitute; the chair recognized Senator Van de Putte
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 Shapleigh sent up committee amendment 1 and
moved adoption; without objection, the amendment was adopted.
The chair moved that SB 1548, the committee substitute and
committee amendment 1 be left pending; without objection, it was
so ordered.
The chair laid out HB 1009 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, Senator Gallegos, 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 1009 be left pending; without objection, it
was so ordered.
The chair laid out as pending business SB 921. Senator Lindsay
moved that SB 921 be reported favorably 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 Shapiro moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
The chair laid out HB 2453 and recognized Senator Barrientos, 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 2453 be left pending; without objection, it
was so ordered.
The chair laid out HB 1646 and recognized Senator Brimer, in the
absence of the Senate sponsor, Senator Eltife, to explain the
bill. Senator Brimer sent up a committee substitute; the chair
recognized Senator Brimer 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. Senator Brimer moved
adoption of the committee substitute; without objection, it was
so ordered. The chair moved that CSHB 1646 be left pending;
without objection, it was so ordered.
At 10:22 a.m. Senator Staples moved that the committee stand
recessed until subject to the call of the chair; without
objection, it was so ordered.
Senator Staples made a motion on the Senate floor to suspend the
Senate posting rules to be allowed to meet at his desk upon
adjournment, the motion was adopted.
At 2:30 p.m., pursuant to the suspension of the 24 hour posting
rules, the committee reconvened in the Senate Chamber at
Chairman Staples' desk. There being a quorum present the clerk
called the roll.
The chair laid out CSSB 1073 and recognized the author, Senator
Staples, to explain the bill.
At 2:32 p.m. Senator Lindsay assumed the chair.
Senator Staples made a motion to withdraw the previously adopted
substitute from the April 27th committee hearing; without
objection, the committee substitute is withdrawn. Senator
Staples sent up a new 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. Senator Staples moved that SB 1073 do not pass but
that CSSB 1073 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.
At 2:34 a.m. Senator Staples resumed the chair.
The chair laid out as pending business SB 1548. Senator
Shapleigh requested unanimous consent to incorporate the
previously laid out amendment 1 and the original substitute into
a new committee substitute; without objection, it was so
ordered. Senator Shapleigh then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Shapleigh moved that SB 1548 do not pass but that CSSB
1548 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 Shapleigh 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 1762. Senator
Shapleigh moved that SB 1762 be reported favorably 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 Shapleigh 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 HB 1009. Senator Madla
moved that HB 1009 be reported favorably 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 Wentworth 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 CSHB 1646. Senator
Barrientos moved that HB 1646 do not pass but that CSHB 1646 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.
The chair laid out as pending business HB 2453. Senator Madla
moved that HB 2453 be reported favorably 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 Madla moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
Senator Barrientos moved adoption of the minutes from the
previous hearings held on April 27, 2005, and April 28, 2005;
without objection, it was so ordered.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Shapiro to be shown voting aye on SB 322, SB 1251,
SB 1375, SB 1706 and SB 1818. These votes have been included in
each bill's final vote total.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Brimer to be shown voting aye on SB 1706. This vote
has been included in the bill's final vote total.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Barrientos to be shown voting aye on SB 322, SB 1251
and SB 1818. These votes have been included in each bill's final
vote total.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Madla to be shown voting aye on SB 921, SB 322, SB
1251, SB 1375 and SB 1818. These votes have been included in
each bill's final vote total.
Senator Wentworth's request to be shown voting aye on SB 1706
was granted. This vote has been included in the bill's final
vote total.
Pursuant to a motion in writing, Senator Madla also wished to be
shown voting nay on SB 1706. Senator Madla withdrew his nay
vote on SB 1706. He was not there when the original vote on SB
1706 was taken, he is therefore shown as absent. This vote has
been included in the bill's final vote total.
There being no further business, at 2:44 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