MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, March 30, 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,
March 30, 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 8:02 a.m. The following
business was transacted:
At 8:03 a.m. Senator Madla assumed the chair.
The chair laid out SB 11 and recognized the author, 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 filed. Senator Madla 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 Madla moved that
CSSB 11 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, with Senator Staples
in the chair, Senator Barrientos moved that SB 11 do not pass
but that CSSB 11 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 8:23 a.m. Senator Staples resumed the chair.
There being a quorum present at 8:23 a.m. the clerk called the
roll.
Senator Madla moved adoption of the minutes from the previous
hearings held on March 9, 2005, and March 21, 2005; without
objection, it was so ordered.
The chair laid out SB 250 and recognized the author, Senator
West, 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 Staples moved that SB 250 be left pending;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Ellis moved that SB 250 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, 1 nay, 0
present not voting, and 2 absent. Senator Ellis moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; pursuant to Senator Wentworth's motion in writing to
be shown voting nay, the bill will not be placed on Local &
Uncontested Calendar.
The chair laid out SB 1060 and recognized the author, Senator
Whitmire, to explain the bill.
Senator Barrientos sent up a committee substitute; the chair
recognized Senator Whitmire to explain the difference between
the committee substitute and the bill as filed. Senator Ellis
moved adoption of the committee substitute; without objection,
it was so ordered. Committee amendment 1 was laid out and
explained by the author of the bill, Senator Whitmire.
At 8:50 a.m. Senator Barrientos assumed the chair.
At 8:57 a.m. Senator Staples resumed the chair.
Senator Wentworth 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. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Staples
moved that SB 1060 be left pending to await a quorum; without
objection, it was so ordered. Senator Shapleigh requested
unanimous consent to incorporate the amendment 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 Ellis
moved that SB 1060 do not pass but that CSSB 1060 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 SB 1061 and recognized the author, 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. Senator Staples moved that SB
1061 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Shapleigh
sent up committee amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Shapleigh
requested unanimous consent to roll the amendment into a
committee substitute; without objection, it was so ordered.
Senator Shapleigh then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator
Shapleigh moved that SB 1061 do not pass but that CSSB 1061 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 SB 1062 and recognized the author, Senator
Whitmire, to explain the bill. Senator Ellis sent up a
committee substitute; the chair recognized Senator Whitmire 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. 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 Staples moved
that CSSB 1062 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Ellis moved that SB 1062 do not pass but that CSSB 1062 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 Ellis
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 338 and recognized the author, 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. Senator Staples moved that SB 338
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Barrientos moved that
CSSB 338 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 Barrientos moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 637 and recognized the author, 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 filed. Senator Staples 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 Staples moved
that CSSB 637 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Lindsay moved that SB 637 do not pass but that CSSB 637 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 SB 678 and recognized the author, Senator Van
de Putte, to explain the bill. Senator Shapleigh 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. Senator Shapleigh sent up committee
amendment 1. Senator Staples moved adoption; without objection,
the amendment was adopted. Senator Staples moved that SB 678 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Staples requested
unanimous consent to roll the amendment into a committee
substitute; without objection, it was so ordered. Senator
Staples then moved that the committee substitute be adopted;
without objection, it was so ordered. Senator Ellis moved that
SB 678 do not pass but that CSSB 678 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 SB 821 and recognized the author, Senator
Lindsay, to explain the bill.
At 9:57 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. Senator
Barrientos moved that SB 821 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
with Senator Staples in the chair, Senator Lindsay moved that SB
821 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 Lindsay moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB 866 and recognized the author, 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. Senator Barrientos moved that SB
866 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, with Senator Staples in
the chair, Senator Barrientos moved that SB 866 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
Barrientos moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 1073 and recognized the author, Senator
Staples, to explain the bill. Senator Staples sent up committee
amendment 1. Senator Barrientos moved adoption; without
objection, the amendment was adopted. Senator Barrientos moved
that SB 1073 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum Senator
Staples, as chair, moved that SB 1073 be left pending.
The chair laid out SB 322 and recognized the author, 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 filed. Senator Barrientos 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 Barrientos
moved that CSSB 1062 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, with
Senator Staples in the chair, Senator Staples moved that CSSB
322 be left pending; without objection, it was so ordered.
At 10:55 a.m. Senator Staples resumed the chair.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Madla to be shown voting aye on SB 11, SB 250, SB
338, SB 637, SB 678, SB 821, SB 866, SB 1060, SB 1061 and SB
1062. These votes have been included in each bill's final vote
total.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Wentworth to be shown voting aye on SB 11, SB 338,
SB 678, SB 821, SB 866, SB 1060, SB 1061 and SB 1062 and to be
shown voting nay on SB 250. These votes have been included in
each bill's final vote total.
There being no further business, at 11:06 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