MINUTES 
                                           
              SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY 
                                Friday, May 20, 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 Friday, May 20,  
         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 599 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.  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 599 and  
         the committee substitute be left pending; without objection, it  
         was so ordered.   
          
         The chair laid out HB 600 and recognized the Senate sponsor,  
         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.  The chair moved that HB 600 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 1481 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.  With no witness cards  
         turned in and no one present wishing to register or testify on  
         the bill, the chair moved that public testimony be closed;  
  
         without objection, it was so ordered. 
          
         The chair laid out HB 2139 and recognized the Senate sponsor,  
         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.  The chair moved that HB 2139 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out SB 298 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.  The chair moved that SB 298 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 2239 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  Senator Lindsay sent  
         up a committee substitute; the chair recognized Senator Van de  
         Putte 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 2239 and the committee  
         substitute be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out HB 2071 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  With no witness  
         cards turned in and no one present wishing to register or  
         testify on the bill, the chair moved public testimony be closed;  
         without objection, it was so ordered. The chair moved that HB  
         2071 be left pending; without objection, it was so ordered.   
          
         The chair laid out HB 988 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.  Senator Barrientos  
         sent up a committee substitute; the chair recognized Senator  
         Lucio, Jr. 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 988 and  
         the committee substitute be left pending; without objection, it  
         was so ordered.   
          
         At 8:54 a.m. Senator Barrientos assumed the chair.   
          
         The chair laid out HB 2704 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 2704 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 2652 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.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  The chair moved that HB 2652 and the committee  
         substitute be left pending; without objection, it was so  
         ordered.  
          
         At 9:01 a.m. Senator Staples resumed the chair.   
          
         The chair laid out HB 2300 and recognized Senator Ellis, in the  
         absence of the Senate sponsor, Senator Whitmire, 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 2300 be left pending; without objection, it  
         was so ordered.   
          
         The chair laid out HB 1584 and recognized Senator Ellis, 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 1584 be left pending; without objection, it  
         was so ordered.   
          
         The chair laid out HB 1816 and recognized Senator Barrientos, in  
         the absence of the Senate sponsor, Senator Shapiro, 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 Barrientos sent up committee amendment 1 and explained  
         the amendment. The chair moved that HB 1816 and committee  
         amendment 1 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out HB 366 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 366 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 183 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 183 be  
         left pending; without objection, it was so ordered.   
          
         At 9:21 a.m. there being a quorum present, the clerk called the  
         roll. 
          
         Senator Barrientos moved adoption of the minutes from the  
         previous hearing held on May 16, 2005; without objection, it was  
         so ordered.   
          
         The chair laid out HB 1925 and recognized the Senate sponsor,  
         Senator Brimer, to explain the bill.   
          
         At 9:23 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 1925 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out HB 3425 and recognized the Senate sponsor,  
         Senator Brimer, to explain the bill.  With no witness cards  
         turned in and no one present wishing to register or testify on  
         the bill, the chair moved that public testimony be closed;  
         without objection, it was so ordered. The chair moved that HB  
         3425 be left pending; without objection, it was so ordered.   
          
         The chair laid out HB 1789 and recognized the Senate sponsor,  
         Senator Lindsay, 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 1789 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 2495 and recognized the Senate sponsor,  
         Senator Lindsay, 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 2495 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 2955 and recognized the Senate sponsor,  
         Senator Lindsay, to explain the bill.  Senator Shapleigh sent up  
         a committee substitute; the chair recognized Senator Lindsay 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 Shapleigh moved adoption of the committee  
         substitute; without objection, it was so ordered.  The chair  
         moved that CSHB 2955 be left pending; without objection, it was  
         so ordered.   
          
         At 9:34 a.m. Senator Staples resumed the chair.   
          
         The chair laid out HB 3129 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.  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 3129 and the committee  
         substitute be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out HB 3111 and recognized Senator Barrientos, in  
         the absence of the Senate sponsor, Senator Janek, to explain the  
         bill.  With no witness cards turned in and no one present  
         wishing to register or testify on the bill, the chair moved  
         public testimony be closed; without objection, it was so  
         ordered. The chair moved that HB 3111 be left pending; without  
         objection, it was so ordered.   
          
         At 9:46 a.m. Senator Barrientos assumed the chair.   
          
         The chair laid out HB 3115 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.  With no witness cards turned in and no one  
         present wishing to register or testify on the bill, the chair  
         moved public testimony be closed; without objection, it was so  
         ordered. The chair moved that HB 3115 and the committee  
         substitute be left pending; without objection, it was so  
         ordered.   
          
         At 9:50 a.m. the chairman announced that the committee would  
         stand at ease for 10 minutes. 
          
         At 10:08 a.m. the committee reconvened.   
          
         The chair laid out as pending business HB 988.  Senator  
         Barrientos moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Barrientos moved that HB  
         988 do not pass but that CSHB 988 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 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 1584.  Senator Ellis  
         moved that HB 1584 be reported favorably 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 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 1789.  Senator Ellis  
         moved that HB 1789 be reported favorably 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 HB 1816.  Senator  
         Barrientos moved adoption of committee amendment 1; without  
         objection,  the amendment was adopted.  Senator Barrientos moved  
         that HB 1816, 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 6 ayes, 0 nay, 0 present not  
         voting, and 3 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 1925.  Senator Brimer  
         moved that HB 1925 be reported favorably 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 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 2071.  Senator  
         Barrientos moved that HB 2071 be reported favorably 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 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 2139.  Senator Ellis  
         moved that HB 2139 be reported favorably 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 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 2239.  Senator Ellis  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Ellis moved that HB 2239 do not pass  
         but that CSHB 2239 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 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 2300.  Senator Ellis  
         moved that HB 2300 be reported favorably 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 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 2495.  Senator Lindsay  
         moved that HB 2495 be reported favorably 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 HB 2652.  Senator  
         Barrientos moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Barrientos moved that HB  
         2652 do not pass but that CSHB 2652 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 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 2704.  Senator  
         Barrientos moved that HB 2704 be reported favorably 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 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 CSHB 2955.  Senator  
         Lindsay moved that HB 2955 do not pass but that CSHB 2955 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 HB 3111.  Senator  
         Barrientos moved that HB 3111 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, 0 nay, 0  
         present not voting, and 4 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 3425.  Senator Brimer  
         moved that HB 3425 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, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Brimer 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 10:29 a.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