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MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Wednesday, March 18, 2009

7:30 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 18, 2009, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Carona

Senator Kirk Watson

Senator Wendy Davis

Senator Rodney Ellis

Senator Joan Huffman

Senator Robert Nichols

Senator Florence Shapiro

Senator Eliot Shapleigh

Senator Jeff Wentworth

 

None

 

*****

 

The chair called the meeting to order at 7:30 a.m.  The following business was transacted: 

 

The chair laid out SB 652 and recognized the author, Senator Zaffirini, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Zaffirini to explain the difference between the committee substitute and the senate bill as filed. 

 

Upon arrival of a quorum, the chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 294 and recognized the author, Senator Hinojosa, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 520 and recognized Senator Hinojosa, in the absence of the author, to explain the bill. 

 

Senator Shapiro sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 898 and recognized the author, Senator Shapleigh, to explain the bill. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 617 and recognized the author, Senator Shapleigh, to explain the bill. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out as a matter of pending business SB 635 and recognized the author, Senator Seliger, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the senate bill as filed. 

 

The chair announced that the bill would be left pending.

 

The chair laid out SB 249 and recognized the author, Senator Shapleigh, to explain the bill. 

 

Senator Shapleigh sent up a committee substitute; the chair recognized Senator Shapleigh to explain the difference between the committee substitute and the senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

At 8:20 a.m. Senator Watson assumed the chair. 

 

The chair laid out SB 506 and recognized the author, Senator Carona, to explain the bill. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 375 and recognized the author, 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 senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 543 and recognized the author, 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 senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 702 and recognized the author, 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 senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

At 9:15 a.m. Senator Carona resumed the chair and laid out as a matter of pending business SB 652.  Senator Wentworth moved adoption of the committee substitute that was previously laid out; without objection, it was so ordered. 

 

The chair announced that CSSB 652 would be left pending.

 

The chair laid out as a matter of pending business SB 520.  Senator Wentworth moved adoption of the committee substitute that was previously laid out; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 520 do not pass but that CSSB 520 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 617. 

 

Senator Shapleigh moved that SB 617 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 announced that SB 898, SB 249, and SB 294 would be left pending.

 

The chair laid out as a matter of pending business SB 635.  Senator Watson moved adoption of the committee substitute that was previously laid out; without objection, it was so ordered.

 

Senator Watson moved that SB 635 do not pass but that CSSB 635 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business CSSB 220. 

 

Senator Nichols moved that SB 220 do not pass but that CSSB 220 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 Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 9:23 a.m. Senator Watson assumed the chair and laid out as a matter of pending business SB 506.

 

Senator Carona moved that SB 506 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, 2 nays, 0 present not voting, and 0 absent. 

 

The chair laid out as a matter of pending business SB 543.  Senator Carona moved adoption of the committee substitute that was previously laid out; without objection, it was so ordered.

 

Senator Carona moved that SB 543 do not pass but that CSSB 543 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 as a matter of pending business SB 702.  Senator Carona moved adoption of the committee substitute that was previously laid out; without objection, it was so ordered.

 

Senator Carona moved that SB 702 do not pass but that CSSB 702 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 384. 

 

Senator Carona moved that SB 384 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 713 and recognized the author, 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 senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 713 do not pass but that CSSB 713 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 298 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved that the substitute which was previously laid out be withdrawn; without objection, it was so ordered.

 

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

 

Senator Carona moved that SB 298 do not pass but that CSSB 298 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 moved adoption of Senator Shapleigh's motion in writing to be shown voting "aye" on CSSB 298; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 368 and recognized the author, 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 senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 368 do not pass but that CSSB 368 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 448 and recognized the author, 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 senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 448 do not pass but that CSSB 448 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 480 and recognized the author, 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 senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 480 do not pass but that CSSB 480 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 502 and recognized the author, 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 senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 502 do not pass but that CSSB 502 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 moved adoption of Senator Shapleigh's motion in writing to be shown voting "aye" on CSSB 368, CSSB 448, CSSB 480, and CSSB 502; without objection, it was so ordered.

 

At 9:54 a.m. Senator Carona resumed the chair. 

 

At 9:55 a.m. Senator Watson moved that the committee stand recessed until 2:00 p.m. or upon the adjournment of the Senate; without objection, it was so ordered. 

 

At 2:00 p.m. the committee reconvened.  At 2:01 p.m. Senator Davis assumed the chair. 

 

The chair reopened public testimony on SB 375.  Witnesses testifying 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 laid out SB 855 and recognized the author, 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 senate bill as filed. 

 

The chair opened public testimony on the bill.  Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 2:28 p.m. Senator Watson assumed the chair. 

 

At 2:52 p.m. Senator Davis assumed the chair. 

 

At 3:49 p.m. Senator Watson assumed the chair. 

 

At 4:19 p.m. Senator Davis assumed the chair. 

 

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

 

At 4:38 p.m. Senator Carona resumed the chair. 

 

The chair laid out SB 17 and recognized the author, Senator Nichols, 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 senate bill as filed. 

 

Senator Shapiro sent up Committee Amendment 1 and was recognized to explain the amendment.

 

The chair opened public testimony on the bill.  Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 5:27 p.m. Senator Shapiro assumed the chair. 

 

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

 

The chair announced that the bill would be left pending.

 

At 5:34 p.m. Senator Shapiro announced that the committee would stand recessed until 5:45 p.m; without objection, it was so ordered. 

 

At 5:46 p.m. the committee reconvened and Senator Watson assumed the chair.  The clerk called the roll and, upon the establishment of a quorum, the following business was transacted:

 

The chair called back up for consideration CSSB 543.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair called back up for consideration CSSB 702. 

 

Senator Carona moved that the motion to recommend the bill for placement on the Local & Uncontested Calendar be withdrawn; without objection, it was so ordered.  

 

Senator Carona moved that the motion to report the bill back to the Senate with the recommendation that it do pass and be printed be withdrawn; without objection, it was so ordered.

 

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

 

Senator Carona requested unanimous consent to incorporate the amendment 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 SB 702 do not pass but that CSSB 702 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:50 p.m. Senator Carona resumed the chair. 

 

The chair laid out SB 942 and recognized the author, 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 senate bill as filed. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

At 6:04 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 404 and recognized the author, 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 the amendment into the committee substitute; without objection, it was so ordered. 

 

The chair opened public testimony on 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 announced that the bill would be left pending.

 

The chair laid out SB 882 and recognized the author, 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 senate bill as filed. 

 

The chair opened pubic testimony on 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 announced that the bill would be left pending.

 

At 6:44 p.m. Senator Carona resumed the chair.

 

The chair moved adoption of Senator Huffman's motion in writing to be shown voting "aye" on CSSB 702; without objection, it was so ordered.

 

The chair moved adoption of Senator Shapiro's motion in writing to be shown voting "aye" on CSSB 702; without objection, it was so ordered.

 

There being no further business, at 6:45 p.m. Senator Watson moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

_____________________________

Senator John Carona, Chair

 

 

_____________________________

Kelsey Erickson, Clerk