MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Wednesday, May 16, 2007

7:30 a.m.

Capitol Extension, Room E1.016

 

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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 16, 2007, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator John Carona Senator Kirk Watson Senator Robert Nichols Senator Eliot Shapleigh Senator Jeff Wentworth		Senator Tommy Williams

 

The following members arrived after the roll was called: 

Senator Kim Brimer

Senator Rodney Ellis

Senator Florence Shapiro

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The chair called the meeting to order at 7:30 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out HB 3832 and recognized Senator Shapleigh, in the absence of the Senate sponsor, 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 Watson moved that HB 3832 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HCR 164 and recognized Senator Shapleigh, in the absence of the Senate sponsor, 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 Shapleigh moved that HCR 164 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 HB 160 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Watson sent up Committee Amendment 2 for Senator Brimer and moved adoption; without objection, the amendment was adopted. 

 

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 Wentworth requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Wentworth moved that HB 160 do not pass but that CSHB 160 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1522 and recognized Senator Nichols, in the absence of the Senate sponsor, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the house bill as engrossed.  Senator Nichols 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 Nichols moved that HB 1522 do not pass but that CSHB 1522 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 Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1638 and recognized Senator Watson, in the absence of the Senate sponsor, 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 Watson moved that HB 1638 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3849 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the house bill as engrossed.  Senator Watson moved adoption of the committee substitute; without objection, it was so ordered. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Watson moved that HB 3849 do not pass but that CSHB 3849 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 8:02 a.m. Senator Watson assumed the chair. 

 

The chair laid out HB 2093 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the house bill as engrossed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Individuals 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 Carona moved that HB 2093 do not pass but that CSHB 2093 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2627 as pending business. 

 

Senator Shapiro moved that HB 2627 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 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 2651 as pending business. 

 

Senator Ellis moved that HB 2651 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1521 as pending business. 

 

Senator Nichols moved that HB 1521 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 Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2510 as pending business. 

 

Senator Shapleigh moved that HB 2510 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, 1 present not voting, and 2 absent. 

 

The chair laid out HB 1420 as pending business. 

 

Senator Nichols moved that HB 1420 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 Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2077 as pending business. 

 

Senator Nichols moved that HB 2077 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 Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3711 as pending business.

 

Senator Shapleigh sent up a committee substitute.  Senator Shapleigh moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Shapleigh moved that HB 3711 do not pass but that CSHB 3711 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 Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1798 as pending business. 

 

Senator Shapleigh moved that HB 1798 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 HB 2715 as pending business. 

 

Senator Ellis moved that HB 2715 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2749 as pending business. 

 

Senator Ellis moved that HB 2749 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3747 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Brimer sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator Brimer requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Brimer then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Brimer moved that HB 3747 do not pass but that CSHB 3747 be reported back to the Senate with the recommendation that it do pass and be printed. 

 

Senator Shapleigh moved that the committee reconsider the vote by which the substitute to HB 3747 was adopted; without objection, it was so ordered.

 

Senator Shapleigh sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. 

 

Senator Shapleigh requested unanimous consent to incorporate amendments into the 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 HB 3747 do not pass but that CSHB 3747 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 Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 8:25 a.m. Senator Watson assumed the chair. 

 

The chair laid out HB 1052 as pending business and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona moved that HB 1052 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, 2 nays, 0 present not voting, and 1 absent. 

 

The chair laid out HB 2565 as pending business and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona moved that HB 2565 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2992 as pending business and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona moved that HB 2992 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 13 and recognized the Senate sponsor, Senator Carona, 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. 

 

At 8:42 a.m. Senator Carona resumed the chair. 

 

At 8:43 a.m. Senator Carona moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 4:59 p.m. the committee reconvened.

 

The chair laid out HB 2945 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. 

 

Individuals 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 2694 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Watson moved that HB 2694 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2216 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair moved that HB 2216 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Brimer moved that HB 2216 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2622 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair moved that HB 2622 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Watson moved that HB 2622 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. 

 

The chair laid out HB 2694 and recognized Senator Watson, in the absence of the Senate sponsor, 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 2694 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Brimer moved that HB 2694 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2859 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. 

 

Individuals 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 2859 be left pending to await a quorum; without objection, it was so ordered. 

 

Senator Brimer sent up a committee substitute;  Upon arrival of a quorum, Senator Brimer moved adoption of the committee substitute; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Brimer moved that HB 2859 do not pass but that CSHB 2859 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:35 p.m. Senator Watson assumed the chair. 

 

The chair laid out HB 191 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Individuals 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 191 be left pending to await a quorum; without objection, it was so ordered. 

 

Senator Carona sent up Committee Amendment 1 and, upon arrival of a quorum, moved adoption; without objection, the amendment was adopted. 

 

Upon arrival of a quorum, Senator Carona requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered.  Senator Carona then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that HB 191 do not pass but that CSHB 191 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3190 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Carona moved that HB 3190 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Carona moved that HB 3190 do not pass but that CSHB 3190 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2094 as pending business and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Carona requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Carona then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that HB 2094 do not pass but that CSHB 2094 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 13 as pending business and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house 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 Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that HB 13 do not pass but that CSHB 13 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. 

 

At 5:49 p.m. Senator Carona resumed the chair. 

 

There being no further business, at 5:50 p.m. Senator Carona moved that the Committee be recessed subject to the call of the chair, Without objection, it was so ordered. 

 

 

 

 

 

 

_____________________________

Senator John Carona, Chair

 

 

_____________________________

John W. Webb, Clerk