MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, May 18, 2005
8:00 a.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, May
18, 2005, in the Capitol Extension, Room E1.016, at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Todd Staples Senator Frank Madla
Senator Gonzalo Barrientos
Senator Kim Brimer
Senator Rodney Ellis
Senator Jon Lindsay
Senator Florence Shapiro
Senator Eliot Shapleigh
Senator Jeff Wentworth
*****
The chair called the meeting to order at 8:10 a.m. The following
business was transacted:
The chair laid out HB 1044 and recognized the Senate sponsor,
Senator Williams, to explain the bill. Senator Staples sent up
a committee substitute; the chair recognized Senator Williams 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 HB 1044 and the substitute be
left pending; without objection, it was so ordered.
The chair laid out HB 2650 and recognized Nancy Bragg,
legislative aide to the Senate sponsor, Senator Brimer, 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 2650 be left pending; without
objection, it was so ordered.
At 8:16 a.m. Senator Brimer assumed the chair.
The chair laid out HB 2337 and recognized the Senate sponsor,
Senator Staples, 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 2337 be
left pending; without objection, it was so ordered.
The chair laid out HB 1480 and recognized the Senate sponsor,
Senator Staples, to explain the bill.
At 8:34 a.m. Senator Barrientos assumed the chair.
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 1480 be left pending; without objection, it was so
ordered.
The chair laid out HB 2137 and recognized the Senate sponsor,
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 engrossed. Witnesses testifying and registering on the
bill are shown on the attached list.
At 10:39 a.m. with a quorum present, the clerk called the roll.
Senator Shapleigh moved adoption of the minutes from the
previous hearing held on May 11, 2005; without objection, it was
so ordered.
The chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Staples moved adoption of
the committee substitute; without objection, it was so ordered.
The chair moved that CSHB 2137 be left pending; without
objection, it was so ordered.
At 8:44 a.m. Senator Staples resumed the chair.
The chair laid out HB 1107 and recognized the Senate sponsor,
Senator Shapleigh, 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 1107 be
left pending; without objection, it was so ordered.
The chair laid out HB 1596 and recognized the Senate sponsor,
Senator Nelson, 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 1596 be
left pending; without objection, it was so ordered.
The chair laid out HB 137 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Senator Shapiro sent up a
committee substitute; the chair recognized Senator Nelson to
explain the difference between the committee substitute and the
bill as engrossed. With no witness cards turned in and no one
present wishing to register or testify on the bill or the
committee substitute the chair moved that public testimony be
closed; without objection, it was so ordered. The chair moved
that HB 137 and the committee substitute be left pending;
without objection, it was so ordered.
The chair laid out HB 2348 and recognized the Senate sponsor,
Senator Zaffirini, 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 2348 be
left pending; without objection, it was so ordered.
The chair laid out HB 2134 and recognized the Senate sponsor,
Senator Shapleigh, 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 2134 be
left pending; without objection, it was so ordered.
The chair laid out HB 2653 and recognized the Senate sponsor,
Senator Barrientos, 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 2653 be
left pending; without objection, it was so ordered.
The chair laid out HB 370 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 370 be left pending; without objection, it
was so ordered.
The chair laid out HB 2257 and recognized Senator Shapleigh, 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 2257 be left pending; without objection, it
was so ordered.
The chair laid out HB 1672 and recognized Senator Shapiro, in
the absence of the Senate sponsor, Senator Janek, to explain the
bill. Senator Shapiro sent up committee amendment 1 and
explained the amendment.
At 9:12 a.m. Senator Staples moved that the committee stand
recessed; without objection, it was so ordered.
At 9:14 a.m. the committee reconvened, with Senator Lindsay in
the chair. 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 1672 and committee amendment 1 be left
pending; without objection, it was so ordered.
The chair laid out HB 2799 and recognized the Senate sponsor,
Senator Carona, to explain the bill. Senator Ellis sent up
committee amendment 1 and explained the amendment. Senator Ellis
sent up committee amendment 2 and explained the amendment.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 9:34 a.m. Senator Staples resumed the chair.
Senator Lindsay made a motion for testimony to be limited due to
numerous witness cards being turned in; without objection, it
was so ordered.
The chair moved that the public testimony be closed; without
objection, it was so ordered. The chair moved that HB 2799 and
committee amendments 1 and 2 be left pending; without objection,
it was so ordered.
The chair laid out HB 1986 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Senator Barrientos sent up
a committee substitute; the chair recognized Senator Nelson 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 HB 1986 and the committee
substitute be left pending; without objection, it was so
ordered.
The chair laid out HB 1244 and recognized Senator Barrientos, in
the absence of the Senate sponsor, Senator Ogden, 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 1244 be left pending; without objection, it
was so ordered.
The chair laid out HB 2656 and recognized Senator Barrientos, in
the absence of the Senate sponsor, Senator Ogden, 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 2656 be left pending; without objection, it
was so ordered.
The chair laid out HB 2894 and recognized Senator Barrientos, in
the absence of the Senate sponsor, Senator Deuell, to explain
the bill. Witnesses testifying and registering on the bill are
shown on the attached list. Senator Deuell arrived to explain
the bill and to answer any questions. The chair moved that the
public testimony be closed; without objection, it was so
ordered. The chair moved that HB 2894 be left pending; without
objection, it was so ordered.
The chair laid out HB 2653 as pending business. Senator
Barrientos sent up committee amendment 1 and moved adoption;
without objection, the amendment was adopted.
The chair laid out as pending business HB 2958, committee
amendment 1 and the committee substitute that was sent up at the
committee's May 4th hearing. Senator Lindsay withdrew the
substitute, as a result amendment 1 that corresponds with the
substitute was drawn down as well; without objection, it was so
ordered. 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. The chair moved that CSHB
2958 be left pending; without objection, it was so ordered.
The chair recognized Senator Shapleigh on HB 2799. Senator
Shapleigh sent up committee amendment 3 and explained the
amendment. The chair moved that HB 2799 and committee amendments
1, 2 and 3 be left pending; without objection, it was so
ordered.
The chair laid out as pending business HB 137 and the committee
substitute. Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. The chair
moved that CSHB 137 be left pending; without objection, it was
so ordered.
The chair laid out as pending business HB 370. Senator Shapleigh
moved that HB 370 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 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 1107. Senator
Shapleigh moved that HB 1107 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 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 1244. Senator
Barrientos moved that HB 1244 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 nays, 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 as pending business HB 1480. Senator
Barrientos moved that HB 1480 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 nays, 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 as pending business HB 1596. Senator
Barrientos moved that HB 1596 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 nays, 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 as pending business HB 1672 and committee
amendment 1. Senator Ellis moved adoption of committee amendment
1; without objection, the amendment was adopted. Senator Ellis
requested unanimous consent to incorporate the amendment into
the committee substitute; without objection, it was so ordered.
Senator Ellis then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Ellis
moved that HB 1672 do not pass but that CSHB 1672 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 HB 2134. Senator
Shapleigh moved that HB 2134 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 nays, 0 present
not voting, and 1 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 CSHB 2137. Senator
Barrientos moved that HB 2137 do not pass but that CSHB 2137 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 as pending business HB 2257. Senator
Shapleigh moved that HB 2257 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 nays, 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 as pending business HB 2348. Senator
Barrientos moved that HB 2348 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 nays, 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 as pending business HB 2337. Senator
Barrientos moved that HB 2337 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 nays, 1
present not voting, and 1 absent.
The chair laid out as pending business HB 2650. Senator Brimer
moved that HB 2650 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 nays, 0 present not
voting, and 1 absent. Senator Brimer 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 2653 and the adopted
committee amendment 1. Senator Barrientos requested unanimous
consent to incorporate the amendment into the committee
substitute; without objection, it was so ordered. Senator
Barrientos then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator
Barrientos moved that HB 2653 do not pass but that CSHB 2653 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 as pending business HB 2656. Senator
Barrientos moved that HB 2656 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 nays, 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.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Shapiro to be shown voting aye on HB 137, HB 370, HB
1044, HB 1107, HB 1244, HB 1480, HB 1596, HB 1672, HB 2134, HB
2137, HB 2257, HB 2337, HB 2348, HB 2650, HB 2653 and HB 2656.
At 10:58 a.m. Senator Staples moved that the committee stand
recessed 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 1:14 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 as pending business HB 137 and the committee
substitute. Senator Shapiro moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Shapiro moved that HB 137 do not pass but that CSHB 137 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, 2 nays, 0 present not voting, and 1 absent.
The chair laid out as pending business HB 1044 and the committee
substitute. Senator Wentworth moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Wentworth moved that HB 1044 do not pass but that CSHB 1044 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, 2 nays, 0 present not voting, and 1 absent.
The chair laid out as pending business HB 1986 and the committee
substitute. Senator Barrientos moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Barrientos moved that HB 1986 do not pass but that CSHB 1986 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 nays, 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 as pending business HB 2958 and the committee
substitute. Senator Lindsay moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Lindsay moved that HB 2958 do not pass but that CSHB 2958 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 nays, 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.
There being no further business, at 1:23 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