MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, April 6, 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,
April 6, 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 8:03 a.m. The
following business was transacted:
At 8:04 a.m. Senator Shapleigh assumed the chair.
The chair laid out SB 619 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. 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 619 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 adoption of the committee substitute; without
objection, it was so ordered. Senator Barrientos moved that SB
619 do not pass but that CSSB 619 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 Barrientos moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 8:09 a.m. Senator Staples resumed the chair.
The chair laid out SB 1131 and recognized the author, Senator
Hinojosa, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Hinojosa 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. With no one
present wishing to register or testify, the chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Staples moved that CSSB 1131 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Barrientos moved that SB 1131 do
not pass but that CSSB 1131 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 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 1089 and recognized the author, 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. Senator Staples moved that SB
1089 be left pending; without objection, it was so ordered.
At 8:16 a.m. Senator Madla assumed the chair.
The chair laid out SB 9 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 Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples sent up committee amendment 1. Witnesses testifying and
registering on the bill are shown on the attached list.
At 8:39 a.m. Senator Barrientos assumed the chair.
The chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Staples moved that CSSB 9
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 adoption of committee amendment
1; without objection, the amendment was adopted. 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 SB 9 do not pass but
that CSSB 9 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.
At 8:59 a.m. Senator Staples resumed the chair.
There being a quorum present at 9:00 a.m. the clerk called the
roll.
Senator Barrientos moved adoption of the minutes from the
previous hearing held on March 30, 2005; without objection, it
was so ordered.
The chair laid out SB 755 and recognized the author, 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. Senator Staples moved that SB 755
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum Senator Shapleigh moved that
SB 755 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 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 802 and recognized the author, Senator
Barrientos, to explain the bill. Senator Barrientos sent up a
committee substitute; the chair recognized Senator Barrientos 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 Staples
moved that CSSB 802 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Barrientos moved that SB 802 do not pass but that CSSB 802 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, 1 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. Pursuant to a motion in writing, Senator Wentworth
requested unanimous consent to be voting nay on CSSB 802, with
an objection heard, the request was denied; as a result he is
recorded as absent.
The chair laid out SB 1251 and recognized the author, Senator
Brimer, to explain the bill. Senator Brimer sent up a committee
substitute; the chair recognized Senator Brimer to explain the
difference between the committee substitute and the bill as
filed. Senator Brimer moved adoption of the committee
substitute; without objection, it was so ordered.
At 10:02 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.
At 10:08 a.m. Senator Staples resumed the chair.
Senator Staples moved that SB 1251 be left pending; without
objection, it was so ordered.
The chair laid out SB 1257 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 Lindsay 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 1257 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Lindsay moved that SB 1257 do not pass but that CSSB 1257 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
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 1258 and recognized the author, 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 Staples moved that SB
1258 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lindsay moved
that SB 1258 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 SB 1384 and recognized the author, Senator
Shapiro, to explain the bill. Senator Shapiro sent up a
committee substitute; the chair recognized Senator Shapiro to
explain the difference between the committee substitute and the
bill as filed. Senator Shapiro moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that CSSB 1384 be left pending; without objection,
it was so ordered.
At 10:29 a.m. Senator Barrientos assumed the chair.
The chair laid out SB 867 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
867 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 867 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
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 1074 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 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 Barrientos moved
that CSSB 1074 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
1074 do not pass but that CSSB 1074 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.
At 10:43 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 9, SB 619, SB
755, SB 802, SB 867, SB 1074, SB 1131, SB 1257, SB 1258 and SB
1384. 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 9, SB 619, SB
755, SB 1074, SB 1131, SB 1257, SB 1258 and SB 1384. These
votes have been included in each bill's final vote total.
Pursuant to a motion in writing, unanimous consent was granted
for Senator Brimer to be shown voting aye on SB 9. This vote
has been included in the bill's total.
At 10:59 a.m. Senator Staples moved that the committee stand
recessed until after adjournment of the Senate; 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 to vote on CSSB 1384; the motion was adopted.
At 2:49 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 CSSB 1384, as pending business, and
recognized the author, Senator Shapiro, to explain the bill. The
committee substitute for SB 1384 having been previously adopted,
Senator Shapiro moved that SB 1384 do not pass but that CSSB
1384 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 Shapiro 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 2:50 p.m. Senator Staples
moved that the committee be adjourned. Without objection, it was
so ordered.
_____________________________
Senator Todd Staples, Chair
_____________________________
Patricia Gajda, Clerk