MINUTES
Monday, May 12, 2003
10:00 a.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Infrastructure Development
and Security Committee was held on Monday, May 12, 2003, in the
Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Steve Ogden None
Senator Gonzalo Barrientos
Senator Bob Deuell
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 10:04 a.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 2384, relating to the unauthorized use of
toll roads in certain counties, and recognized the Senate
sponsor, Senator Janek, 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 Ogden moved that
HB 2384 be left pending; without objection, it was so ordered.
Senator Ogden moved that the committee stand recessed until
10:30 a.m.; without objection, it was so ordered.
The chair reconvened the meeting at 10:30 a.m.
At 10:31 a.m. Senator Shapiro assumed the chair.
The chair laid out HB 1883, relating to the appointment of a
voting proxy by members of certain policy boards of metropolitan
planning organizations, and recognized the Senate sponsor,
Senator Ogden, to explain the bill. Senator Shapiro moved that
HB 1883 be left pending; without objection, it was so ordered.
The chair laid out HB 2116, relating to the operation of Texas
Task Force 1, and recognized the Senate sponsor, Senator Ogden,
to explain the bill. Senator Ogden sent up a committee
substitute; the chair recognized Senator Ogden to explain the
difference between the committee substitute and the bill as
filed. Senator Ogden moved adoption of the committee
substitute; without objection, it was so ordered. Senator Ogden
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Ogden requested
unanimous consent to roll the amendment into the committee
substitute; without objection, it was so ordered. Senator Ogden
then moved that the committee substitute be adopted; 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 Shapiro moved that HB
2116 be left pending; without objection, it was so ordered.
The chair laid out HB 2859, relating to the regulation of
obstructions to air navigation, and recognized 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. Senator Shapiro moved
that HB 2859 be left pending; without objection, it was so
ordered.
At 10:44 a.m. Senator Ogden resumed the chair.
Senator Shapiro moved adoption of the minutes from the previous
hearings held on May 5, 2003, May 7, 2003, and May 8, 2003;
without objection, it was so ordered.
The chair laid out HB 1654, relating to designation of a portion
of State Highway 121 in Tarrant and Johnson counties as the
Chisholm Trail Parkway, and recognized the Senate sponsor,
Senator Averitt, to explain the bill. Senator Ogden moved that
HB 1654 be left pending; without objection, it was so ordered.
The chair laid out HB 1439, relating to the application and
enforcement of traffic regulations in private subdivisions in
certain counties, and recognized the Senate sponsor, Senator
Williams, 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 Ogden moved that HB 1439
be left pending; without objection, it was so ordered.
The chair laid out HB 816, relating to recognizing the week that
includes the third Friday in May as Transportation Week, 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. Senator Ogden
moved that HB 816 be left pending; without objection, it was so
ordered.
The chair laid out HB 630, relating to the designation of State
Highway 173 between Kerrville and Jourdanton as the 173d
Airborne Brigade Memorial Highway, 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 Ogden moved that HB 630 be left pending; without
objection, it was so ordered.
The chair laid out HB 2096, relating to creation of an offense
for transporting a person in certain trailers and semitrailers,
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 Ogden moved that HB 2096
be left pending; without objection, it was so ordered.
The chair laid out HB 874, relating to the driver's license or
personal identification card number on a parking placard issued
to an individual with a disability, and recognized Senator
Lindsay, 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 Ogden moved that HB 874 be left pending; without
objection, it was so ordered.
The chair laid out HB 2092, relating to the award of certain
state highway maintenance contracts, and recognized Senator
Lindsay, 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 Ogden moved that HB 2092 be left pending; without
objection, it was so ordered.
Senator Ogden moved that the committee stand recessed until
11:30 a.m.; without objection, it was so ordered.
The chair reconvened the meeting at 11:31 a.m.
The chair laid out SB 355, which had been left pending at a
previous hearing, relating to public health preparedness;
providing criminal penalties, and recognized the author, Senator
Janek, to explain the bill. Senator Deuell sent up a committee
substitute; the chair recognized Senator Janek to explain the
difference between the committee substitute and the bill as
filed. Senator Deuell moved adoption of the committee
substitute; without objection, it was so ordered. Senator Madla
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Ogden requested
unanimous consent to roll the amendment into the committee
substitute; without objection, it was so ordered. Senator Ogden
then moved that the committee substitute be adopted; 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. Senators Barrientos, Ellis,
Shapiro, and Shapleigh requested unanimous consent to be shown
voting aye on CSSB 355; without objection, it was so ordered.
Senator Deuell moved that SB 355 do not pass but that CSSB 355
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.
The chair laid out SB 399, which had been left pending at a
previous hearing, relating to the powers and duties of the
governor and certain state agencies relating to public health,
including public health emergencies, and recognized Senator
Wentworth, in the absence of the author, 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 filed. Senator
Wentworth moved adoption of the committee substitute; without
objection, it was so ordered. Senators Barrientos, Ellis,
Shapiro, and Shapleigh requested unanimous consent to be shown
voting aye on CSSB 399; without objection, it was so ordered.
Senator Deuell moved that SB 399 do not pass but that CSSB 399
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. Senator
Madla moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 11:45 a.m. Senator Madla assumed the chair.
The chair laid out HB 157, which had been left pending at a
previous hearing, relating to the powers and duties of a
regional mobility authority, and recognized the Senate sponsor,
Senator Ogden, to explain the bill. Senator Ogden sent up a
committee substitute; the chair recognized Senator Ogden to
explain the difference between the committee substitute and the
bill as filed. Senator Ogden moved adoption of the committee
substitute; without objection, it was so ordered. Senator Madla
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Ogden requested
unanimous consent to roll the amendment into the committee
substitute; without objection, it was so ordered. Senators
Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous
consent to be shown voting aye on CSHB 157; without objection,
it was so ordered. Senator Ogden moved that HB 157 do not pass
but that CSHB 157 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. Senator Ogden moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 11:51 a.m. Senator Ogden resumed the chair.
The chair laid out HB 630, which had been left pending earlier
in the hearing. Senator Madla moved that HB 630 be reported
favorably 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. Senators
Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous
consent to be shown voting aye on HB 630; without objection, it
was so ordered. Senator Madla moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 816, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 816; without objection, it was so ordered. Senator Lindsay
moved that HB 816 be reported favorably 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. 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 HB 874, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 874; without objection, it was so ordered. Senator Wentworth
moved that HB 874 be reported favorably to the Senate with the
recommendation that it do pass and be printed. 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 1330, relating to medical information on a
driver's license, and recognized the Senate sponsor, Senator
Staples, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senators
Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous
consent to be shown voting aye on HB 1330; without objection, it
was so ordered. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Lindsay
moved that HB 1330 be reported favorably 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. 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 HB 1439, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 1439; without objection, it was so ordered. Senator Lindsay
moved that HB 1439 be reported favorably 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. 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 HB 1654, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 1654; without objection, it was so ordered. Senator Wentworth
moved that HB 1654 be reported favorably 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. Senator Wentworth moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 11:54 a.m. Senator Madla assumed the chair.
The chair laid out HB 1883, which had been left pending earlier
in the hearing. Senator Ogden sent up a committee substitute;
the chair recognized Senator Ogden to explain the difference
between the committee substitute and the bill as filed. Senator
Ogden moved adoption of the committee substitute; without
objection, it was so ordered. Senators Barrientos, Ellis,
Shapiro, and Shapleigh requested unanimous consent to be shown
voting aye on CSHB 1883; without objection, it was so ordered.
Senator Ogden moved that HB 1883 do not pass but that CSHB 1883
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. Senator
Ogden moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 11:45 a.m. Senator Ogden resumed the chair.
The chair laid out HB 2092, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 2092; without objection, it was so ordered. Senator
Wentworth moved that HB 2092 be reported favorably 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. 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 2096, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 2096; without objection, it was so ordered. Senator Ogden
moved that HB 2096 be reported favorably 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 11:57 a.m. Senator Madla assumed the chair.
The chair laid out HB 2116, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
CSHB 2116; without objection, it was so ordered. Senator Ogden
moved that HB 2116 do not pass but that CSHB 2116 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. Senator Ogden 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, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 2859; without objection, it was so ordered. Senator Ogden
moved that HB 2859 be reported favorably 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. Senator Ogden moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 11:59 a.m. Senator Ogden resumed the chair.
The chair laid out HB 2384, which had been left pending earlier
in the hearing. Senators Barrientos, Ellis, Shapiro, and
Shapleigh requested unanimous consent to be shown voting aye on
HB 2384; without objection, it was so ordered. Senator Deuell
moved that HB 2384 be reported favorably 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. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The following bills had no action taken in committee: SB 1677
by Barrientos and HB 479 by Hunter/Armbrister.
There being no further business, at 12:00 p.m. Senator Ogden
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
______________________
Senator Steve Ogden, Chair
______________________
Amy Schwartz, Clerk