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MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Friday, May 22, 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 Friday, May 22, 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

 

 

*****

 

Senator Kirk Watson, the acting chair, called the meeting to order at 7:30 a.m.  There being a quorum present, the following business was transacted: 

 

The chair called upon the Texas Department of Transportation to brief the Committee on the current state of the budget.  The witnesses testifying are shown on the attached list.

 

The chair laid out HB 2462 and recognized the Senate sponsor, Senator Deuell, to explain the bill. 

 

Senator Shapiro sent up a committee substitute; the chair recognized Senator Deuell to explain the difference between the committee substitute and the house bill as engrossed. 

 

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 HB 2012 and recognized Senator Deuell, in the absence of the Senate sponsor, to explain the bill. 

 

Senator Shapleigh sent up Committee Amendment 1.

 

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 HB 3599 and recognized Senator Shapiro, in the absence of the Senate sponsor, to explain the bill. 

 

The chair opened public 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 HB 2767 and recognized the Senate sponsor, Senator Averitt, to explain the bill. 

 

The chair opened public testimony on the bill.  There being no witnesses, 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 HB 598 and recognized Senator Shapleigh, in the absence of the Senate sponsor, to explain the bill. 

 

The chair opened public testimony on the bill.  There being no witnesses, 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 HB 3638 and recognized Senator Shapleigh, in the absence of the Senate sponsor, to explain the bill. 

 

The chair opened public testimony on the bill.  The witness registering 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 HB 2248 and recognized the Senate sponsor, Senator Jackson, to explain the bill. 

 

The chair opened public testimony on the bill.  There being no witnesses, 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 4409 and recognized the Senate sponsor, Senator Jackson, to explain the bill. 

 

The chair announced that the bill would be left pending.

 

The chair laid out HB 3593 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. 

 

The chair opened public testimony on the bill.  There being no witnesses, 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 HB 2682 and recognized the Senate sponsor, 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 house bill as engrossed. 

 

The chair opened public 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 HB 55 and recognized Senator Wentworth, in the absence of the Senate sponsor, to explain the bill. 

 

Senator Wentworth sent up Committee Amendment 1.

 

The chair opened public 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 HB 529 and recognized Senator Wentworth, in the absence of the Senate sponsor, 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 HB 2553 and recognized Senator Shapleigh, in the absence of the Senate sponsor, 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 house bill as engrossed. 

 

The chair opened public 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 HB 586 and recognized Senator Wentworth, in the absence of the Senate sponsor, to explain the bill. 

 

The chair opened public testimony on the bill.  The witness registering 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 HB 2142 and recognized Senator Wentworth, in the absence of the Senate sponsor, to explain the bill. 

 

The chair opened public 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.

 

At 8:21 a.m., the chair announced that the Committee would stand at ease until 9:00 a.m.

 

At 9:00 a.m., the chair called the meeting back to order.

 

The chair laid out as a matter of pending business HB 598.

 

Senator Ellis moved that HB 598 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, 0 nays, 0 present not voting, and 2 absent. 

 

Senator Ellis 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 3593.

 

Senator Shapleigh moved that HB 3593 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, 0 nays, 0 present not voting, and 2 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 HB 2248.

 

Senator Huffman moved that HB 2248 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 2 nays, 0 present not voting, and 2 absent. 

 

The chair laid out as a matter of pending business HB 2682.

 

Senator Wentworth moved to adopt the committee substitute that had previously been sent up; without objection, it was so ordered.

 

Senator Wentworth moved that HB 2682 do not pass but that CSHB 2682 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 nays, 0 present not voting, and 2 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 HB 3599.

 

Senator Ellis moved that HB 3599 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, 0 nays, 0 present not voting, and 2 absent. 

 

Senator Ellis 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 2553.

 

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

 

Senator Shapleigh moved that HB 2553 do not pass but that CSHB 2553 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 nays, 0 present not voting, and 2 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 HB 3638.

 

Senator Shapleigh moved that HB 3638 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, 0 nays, 0 present not voting, and 2 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 HB 2462.

 

Senator Wentworth moved to adopt the committee substitute that had previously been sent up; without objection, it was so ordered.

 

Senator Wentworth moved that HB 2462 do not pass but that CSHB 2462 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 nays, 0 present not voting, and 2 absent. 

 

The chair laid out as a matter of pending business HB 55.

 

Senator Wentworth moved to adopt Committee Amendment 1 that was previously sent up; without objection, it was so ordered.

 

Senator Wentworth moved that HB 55, as amended, 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 nays, 0 present not voting, and 2 absent. 

 

The chair laid out as a matter of pending business HB 586.

 

Senator Nichols moved that HB 586 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, 0 nays, 0 present not voting, and 2 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 HB 2142.

 

Senator Wentworth moved that HB 2142 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, 0 nays, 0 present not voting, and 2 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 HB 4409.

 

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

 

Senator Huffman sent up Committee Amendment 1 to the committee substitute to HB 4409 and moved adoption; without objection, the amendment was adopted.

 

Senator Huffman requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered. 

 

Senator Watson sent up Committee Amendment 2 to the committee substitute to HB 4409 and moved adoption; without objection, the amendment was adopted.  

 

Senator Wentworth requested unanimous consent to incorporate Committee Amendment 2 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 Wentworth moved that HB 4409 do not pass but that CSHB 4409 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 nays, 0 present not voting, and 2 absent. 

 

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

 

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

 

There being no further business, at 9:25 a.m. Senator Wentworth moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

Pursuant to a motion adopted on the Senate floor to suspend Senate Rules 11.10, 11.18, and 11.19, and pursuant to an announcement made on the Senate floor before adjournment, at 5:07 p.m. the Committee reconvened at Chairman Carona's desk on the Senate floor.  There being a quorum present, the following business was transacted: 

 

The chair laid out HB 4594 and recognized the Senate sponsor, Senator Williams, to explain the bill. 

 

The chair opened public testimony on the bill.  There being no witnesses, the chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Watson moved that HB 4594 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 nays, 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. 

 

At 5:11 p.m. Senator Watson assumed the chair. 

 

The chair laid out as a matter of pending business HB 2012 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Shapleigh moved adoption of Committee Amendment 1 that had previously been sent up; without objection, the amendment was adopted.

 

Senator Carona sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Carona moved that HB 2012, as amended, 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. 

 

At 5:14 p.m. Senator Carona resumed the chair. 

 

There being no further business, at 5:14 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