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MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Monday, March 30, 2009

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 Monday, March 30, 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 8:01 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out SB 1356 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

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

 

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

 

The chair laid out SB 1357 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

The chair opened public testimony on the bill.  The witness who testified on the bill is 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 1282 and SB 1283, and recognized the author of both bills, Senator Williams, to explain the bills. 

 

The chair opened public testimony on the bills.  Witnesses testifying and registering on the bills 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 bills would be left pending.

 

The chair laid out SB 1426 and recognized the author, Senator Williams, to explain the bill. 

 

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.

 

The chair laid out SB 970 and recognized the author, Senator Seliger, to explain the bill. 

 

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 8:46 a.m. Senator Watson assumed the chair. 

 

Senator Carona moved to withdraw the motion to report CSSB 855 back to the Senate with the recommendation that it do pass and be printed; without objection, it was so ordered.

 

Senator Carona moved to withdraw the motion to incorporate Committee Amendment 7 into the committee substitute; without objection, it was so ordered.

 

Senator Carona moved to withdraw the motion to adopt Committee Amendment 7; without objection, it was so ordered.

 

Senator Carona moved to withdraw Committee Amendment 7 from consideration; without objection, it was so ordered.

 

Senator Carona sent up Committee Amendment 9 and moved adoption; without objection, the amendment was adopted.  

 

Senator Carona requested unanimous consent to incorporate Committee Amendment 9 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 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 laid out SB 971 and recognized the author, Senator Seliger, to explain the bill. 

 

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.

 

The chair laid out SB 1107 and recognized the author, Senator Shapiro, to explain the bill. 

 

The chair opened pubic testimony on the bill.  Witnesses 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 SJR 25 and recognized Senator Shapiro, in the absence of the author, to explain the bill.  

 

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.

 

The chair laid out SB 1670 and recognized the author, Senator Nichols, to explain the bill. 

 

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.

 

The chair laid out SB 926 and recognized the author, Senator Huffman, to explain the bill. 

 

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

 

The chair opened pubic testimony on the bill.  The witness who testified on the bill is 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 686 and recognized the author, Senator Davis, to explain the bill. 

 

Senator Davis sent up a committee substitute; the chair recognized Senator Davis 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.

 

The chair laid out SB 1235 and recognized the author, Senator Davis, to explain the bill. 

 

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

 

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.

 

The chair laid out SB 1827 and recognized the author, Senator Huffman, to explain the bill. 

 

The chair opened pubic testimony on the bill.  The witness who testified on the bill is 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 488 and recognized the author, Senator Ellis, to explain the bill. 

 

 

Senator Ellis sent up a committee substitute; the chair recognized Senator Ellis 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.

 

The chair laid out SB 129 and recognized the author, Senator Ellis, to explain the bill. 

 

Senator Ellis sent up a committee substitute; the chair recognized Senator Ellis 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.

 

The chair laid out SB 161 and recognized the author, Senator Ellis, to explain the bill. 

 

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.

 

The chair laid out SB 1218 and recognized Senator Watson, in the absence of the author, to explain the bill. 

 

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.

 

The chair laid out SB 1317 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 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.

 

The chair laid out SB 896 and recognized the author, Senator Shapleigh, to explain the bill. 

 

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.

 

The chair laid out SB 1389 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 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.

 

The chair laid out SB 1392 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 pubic testimony on the bill.  Witnesses 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 1614 and recognized the author, Senator Wentworth, to explain the bill. 

 

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.

 

The chair laid out SB 2015 and recognized the author, Senator Watson, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Watson 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.

 

The chair laid out SB 2018 and recognized the author, Senator Watson, to explain the bill. 

 

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.

 

The chair laid out SB 1923 and recognized the author, Senator Watson, to explain the bill. 

 

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.

 

The chair laid out SB 1759 and recognized the author, Senator Watson, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Watson 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.

 

The chair laid out as a matter of pending business SB 1218 moved that the bill 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 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 SB 1356 and moved to withdraw the previous substitute from consideration.

 

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

 

Senator Huffman moved that SB 1356 do not pass but that CSSB 1356 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 Huffman 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 1357.

 

Senator Watson moved that SB 1357 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 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 SB 970.

 

Senator Huffman moved that SB 970 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 971.

 

Senator Nichols moved that SB 971 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 Nichols 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 1282.

 

Senator Wentworth moved that SB 1282 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 as a matter of pending business SB 1283.

 

Senator Wentworth moved that SB 1283 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 as a matter of pending business SB 1426.

 

Senator Watson moved that SB 1426 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 as a matter of pending business SB 1107.

 

Senator Nichols moved that SB 1107 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 Nichols 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 1670.

 

Senator Nichols moved that SB 1670 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 Nichols 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 1235.

 

Senator Davis requested unanimous consent to roll the Committee Amendment 1 into a committee substitute; without objection, it was so ordered.  Senator Davis then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Davis moved that SB 1235 do not pass but that CSSB 1235 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 Davis 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 926 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.  

 

Senator Huffman moved that SB 926 do not pass but that CSSB 926 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 Huffman 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 1827.

 

Senator Huffman moved that SB 1827 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 Huffman 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 129 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Shapleigh moved that SB 129 do not pass but that CSSB 129 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 Shapleigh 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 161.

 

Senator Shapleigh moved that SB 161 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 as a matter of pending business SB 488 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Shapleigh moved that SB 488 do not pass but that CSSB 488 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 laid out as a matter of pending business SB 1317 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Wentworth moved that SB 1317 do not pass but that CSSB 1317 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 1389 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Wentworth moved that SB 1389 do not pass but that CSSB 1389 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 1392 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Wentworth moved that SB 1392 do not pass but that CSSB 1392 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 1614.

 

Senator Wentworth moved that SB 1614 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 as a matter of pending business SB 1923 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Watson moved that SB 1923 do not pass but that CSSB 1923 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, 2 nays, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business SB 2015 and moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

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

 

Senator Wentworth requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Watson moved that SB 2015 do not pass but that CSSB 2015 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 SB 249 and recognized the author, Senator Shapleigh, to explain the bill. 

 

The chair moved adoption of the committee substitute that was previously sent up; without objection, it was so ordered.

 

Senator Shapleigh moved that SB 249 do not pass but that CSSB 249 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 Shapleigh 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 Ellis' motion in writing; without objection, it was so ordered.

 

The chair moved adoption of Senator Shapiro's motion in writing; without objection , it was so ordered.

 

There being no further business, at 12:30 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