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MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Wednesday, April 15, 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, April 15, 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.  There being a quorum present, the following business was transacted: 

 

The chair laid out HB 2433 and HB 2434 and recognized the Senate sponsor, Senator Williams, to explain the bills. 

 

Senator Wentworth sent up a committee substitute to HB 2433; the chair recognized Senator Williams to explain the difference between the committee substitute and the house bill as engrossed. 

 

The chair opened public testimony on the bills.  Witnesses 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 2295 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 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 967 and recognized the author, Senator Hegar, to explain the bill. 

 

The chair opened public testimony on the bill.  The witness testifying 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 1609 and recognized the author, Senator Hegar, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar 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 1610 and recognized the author, Senator Hegar, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Hegar 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 1992 and recognized the author, Senator Gallegos, Jr., to explain the bill. 

 

The chair opened public testimony on the bill.  The witness testifying 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 1028 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 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 1571 and recognized the author, Senator Hinojosa, to explain the bill. 

 

Senator Shapleigh 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 1212 and recognized Senator Ellis, in the absence of the author, to explain the bill.  

 

The chair opened public testimony on the bill.  The witness testifying 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 1617 and recognized the author, Senator Wentworth, 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 61 and recognized Senator Davis, in the absence of the author, 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. 

 

At 8:30 a.m. Senator Wentworth 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.

 

The chair laid out SB 2153 and recognized Senator Huffman, in the absence of the author, 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 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 358 and recognized the author, Senator Patrick, to explain the bill. 

 

Senator Huffman sent up a committee substitute; the chair recognized Senator Patrick 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 8:58 a.m. Senator Carona resumed 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.

 

The chair laid out SB 357 and recognized the author, Senator Patrick, to explain the bill. 

 

Senator Shapiro sent up a committee substitute; the chair recognized Senator Patrick 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 as a matter of pending business HB 2433.

 

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

 

Senator Shapiro moved that HB 2433 do not pass but that CSHB 2433 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 Shapiro 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 HB 2434.

 

Senator Shapiro moved that HB 2434 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 Shapiro 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 1609.

 

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

 

Senator Huffman moved that SB 1609 do not pass but that CSSB 1609 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 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 61.

 

Senator Davis moved that SB 61 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 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 1028.

 

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

 

Senator Shapleigh moved that SB 1028 do not pass but that CSSB 1028 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 laid out as a matter of pending business SB 1571.

 

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

 

Senator Watson moved that SB 1571 do not pass but that CSSB 1571 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 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 1617.

 

Senator Shapiro moved that SB 1617 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 Shapiro 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 1992.

 

Senator Shapleigh moved that SB 1992 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 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 2153.

 

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

 

Senator Shapleigh moved that SB 2153 do not pass but that CSSB 2153 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 laid out as a matter of pending business SB 1212.

 

Senator Huffman moved that SB 1212 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. 

 

At 10:30 a.m. Senator Watson assumed the chair. 

 

The chair moved to adopt Senator Ellis' motion in writing; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 1616.

 

Senator Carona moved that SB 1616 be reported favorably to the Senate with the recommendation that it do pass and be printed. 

 

Senator Carona moved to withdraw his motion that SB 1616 be reported favorably to the Senate with the recommendation that it do pass and be printed; 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 1636 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 1636 do not pass but that CSSB 1636 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 laid out as a matter of pending business SB 626 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Watson sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator Carona sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. 

 

Senator Carona requested unanimous consent to incorporate amendments 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 626 do not pass but that CSSB 626 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. 

 

The chair laid out as a matter of pending business SB 883 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Watson sent up Committee Amendment 1.

 

The chair announced that the bill would be left pending.

 

The chair laid out as a matter of pending business SB 1351 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 1351 do not pass but that CSSB 1351 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 laid out as a matter of pending business SB 1353 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved that SB 1353 do not pass but that CSSB 1353 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, 1 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business SB 1383 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 1383 do not pass but that CSSB 1383 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 laid out as a matter of pending business SB 418 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved to withdraw the committee substitute that was previously sent up; 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 418 do not pass but that CSSB 418 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 laid out as a matter of pending business SB 501 and recognized the author, Senator Carona, to explain the bill. 

 

The chair announced that the bill would be left pending.

 

The chair laid out as a matter of pending business SB 1785 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 amendments 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 1785 do not pass but that CSSB 1785 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 laid out as a matter of pending business SB 1616 and recognized the author, Senator Wentworth, to explain the bill. 

 

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

 

Senator Wentworth requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Wentworth moved that SB 1616 do not pass but that CSSB 1616 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:58 a.m. Senator Carona resumed the chair.

 

The chair moved to adopt Senator Wentworth's motion in writing; without objection, it was so ordered.

 

There being no further business, at 10:59 a.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