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MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Wednesday, March 25, 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 25, 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 985 and recognized the author, Senator Davis, 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. 

 

Upon the arrival of a quorum, 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 7:38 a.m. Senator Watson assumed the chair. 

 

The chair laid out SB 936 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 1165 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 announced that the committee substitute was not yet available.  Therefore Senator Carona withdrew his motion to consider it at that time.

 

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 7:52 a.m. Senator Carona resumed the chair. 

 

The chair laid out SB 1474 and recognized the author, Senator Nichols, 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.

 

At 7:55 a.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1741 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 12 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 recognized Senator Ellis to explain two parts of the committee substitute.

 

The chair explained one part of the committee substitute.

 

The chair recognized Senator Ellis to explain two parts of the committee substitute on behalf of Senator Shapleigh.

 

The chair called upon Rebecca Herron from the Department of State Health Services to answer a question posed by Senator Wentworth.

 

The chair recognized Senator Carona to explain the remaining parts of the committee substitute.

 

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 8:25 a.m. Senator Carona resumed the chair. 

 

At 8:27 Senator Watson moved that the Committee recess until 10:00 a.m.; without objection, it was so ordered.

 

At 10:00 a.m. the committee reconvened. 

 

The chair laid out as a matter of pending business SB 17 and recognized the author, Senator Nichols, to explain the bill. 

 

Senator Nichols moved adoption of the committee substitute which was previously sent up; without objection, it was so ordered. 

 

Senator Nichols moved adoption of Committee Amendment 1 which was previously sent up by Senator Shapiro; without objection, it was so ordered.

 

Senator Nichols sent up Committee Amendment 2; the chair recognized Senator Nichols to explain the amendment.

 

Senator Nichols moved adoption of Committee Amendment 2; without objection, the amendment was adopted.   

 

Senator Nichols requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Nichols then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that SB 17 do not pass but that CSSB 17 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, 1 nay, 0 present not voting, and 0 absent. 

 

The chair laid out as a matter of pending business SB 898 and recognized the author, Senator Shapleigh, to explain the bill. 

 

Senator Shapleigh moved that SB 898 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. 

 

At 10:11 a.m. Senator Watson assumed the chair. 

 

The chair laid out as a matter of pending business SB 404 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved adoption of the committee substitute which was previously sent up; without objection, it was so ordered. 

 

Senator Carona moved that SB 404 do not pass but that CSSB 404 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, 1 nay, 0 present not voting, and 0 absent. 

 

Senator Ellis moved that his vote of "No" be changed to "Yes"; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 375 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved to withdraw the previous committee substitute for SB 375; 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 sent up Committee Amendment 1; the chair recognized Senator Carona to explain the amendment.

 

Senator Carona moved adoption of Committee Amendment 1; 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 375 do not pass but that CSSB 375 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 855 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved to withdraw the previous committee substitute for SB 855; 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 sent up Committee Amendment 1 and Committee Amendment 2; the chair recognized Senator Carona to explain Committee Amendment 1. 

 

Senator Carona moved adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Carona requested unanimous consent to incorporate Committee Amendment 1 into the new substitute; without objection, it was so ordered.

 

The chair recognized Senator Carona to explain Committee Amendment 2. 

 

Senator Carona moved adoption of Committee Amendment 2; without objection, the amendment was adopted.  Senator Carona requested unanimous consent to incorporate Committee Amendment 2 into the new substitute; without objection, it was so ordered.

 

Senator Nichols assumed the chair.

 

Senator Watson sent up Committee Amendment 3; the chair recognized Senator Watson to explain the amendment.

 

Senator Watson moved adoption of Committee Amendment 3; without objection, the amendment was adopted.  Senator Watson requested unanimous consent to incorporate Committee Amendment 3 into the new substitute; without objection, it was so ordered.

 

Senator Watson sent up Committee Amendment 4; the chair recognized Senator Watson to explain the amendment.

 

Senator Watson moved adoption of Committee Amendment 4; without objection, the amendment was adopted.  Senator Watson requested unanimous consent to incorporate Committee Amendment 4 into the new substitute; without objection, it was so ordered.

 

Senator Watson resumed the chair. 

 

Senator Wentworth sent up Committee Amendment 5; the chair recognized Senator Wentworth to explain the amendment.

 

Senator Wentworth moved adoption of Committee Amendment 5; without objection, the amendment was adopted.  Senator Wentworth requested unanimous consent to incorporate Committee Amendment 5 into the new substitute; without objection, it was so ordered.

 

Senator Wentworth sent up Committee Amendment 6; the chair recognized Senator Wentworth to explain the amendment.

 

The chair withdrew Committee Amendment 6.

 

Senator Shapleigh sent up Committee Amendment 7; the chair recognized Senator Shapleigh to explain the amendment.

 

Senator Shapleigh moved adoption of Committee Amendment 7; without objection, the amendment was adopted.  Senator Shapleigh requested unanimous consent to conform and incorporate Committee Amendment 7 into the new substitute; without objection, it was so ordered.

 

Senator Davis sent up Committee Amendment 8; the chair recognized Senator Davis to explain the amendment.

 

Senator Davis moved adoption of Committee Amendment 8; without objection, the amendment was adopted.  Senator Davis requested unanimous consent to incorporate Committee Amendment 8 into the new substitute; without objection, it was so ordered.

 

Senator Wentworth laid out a revised Committee Amendment 6; the chair recognized Senator Wentworth to explain the Amendment.

 

Senator Wentworth moved adoption of Committee Amendment 6; without objection, the amendment was adopted.  Senator Wentworth requested unanimous consent to incorporate Committee Amendment 6 into the new substitute; without objection, it was so ordered.

 

Senator Carona moved that SB 855 do not pass but that CSSB 855 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, 2 nays, 0 present not voting, and 0 absent. 

 

The chair moved to adopt Senator Davis' motion in writing to be shown voting "Yes" on Committee Amendment 1 for SB 17, and "No" on CSSB 17; without objection, the motion was adopted.

 

The chair moved to adopt Senator Shapiro's motion in writing to be shown voting "Yes" on CSSB 17, SB 898, CSSB 404, and CSSB 375; without objection, the motion was adopted.

 

At 10:55 a.m. Senator Carona resumed the chair.

 

At 10:56 a.m. Senator Watson moved that the committee stand recessed until 1:00 p.m or upon the adjournment of the Senate, whichever is later; without objection, it was so ordered. 

 

The committee reconvened, and at 2:52 p.m. Senator Ellis assumed the chair. 

 

The chair laid out SB 329 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 332 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, the substitute was adopted.

 

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 366 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, the substitute was adopted.

 

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 3:13 p.m. Senator Huffman assumed the chair. 

 

The chair laid out SB 367 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 369 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 371 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 379 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 423 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 11 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 Huffman sent up Committee Amendment 1 on behalf of Senator Shapleigh, and moved adoption; without objection, the amendment was adopted. 

 

Senator Huffman requested unanimous consent to incorporate amendments 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.

 

At 4:45 p.m. Senator Carona resumed the chair. 

 

There being no further business, at 4:47 p.m. Senator Carona 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