MINUTES Monday, March 17, 2003 10:00 a.m. Capitol Extension, Room E1.028 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Infrastructure Development and Security Committee was held on Monday, March 17, 2003, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Steve Ogden None Senator Gonzalo Barrientos Senator Bob Deuell Senator Rodney Ellis Senator Jon Lindsay Senator Frank Madla Senator Florence Shapiro Senator Eliot Shapleigh Senator Jeff Wentworth ***** The chair called the meeting to order at 10:00 a.m. There being a quorum present, the following business was transacted: The chair laid out SB 677, relating to the number of license plates to be issued for and displayed on certain motor vehicles, and recognized the author, Senator Estes, to explain 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. Senator Ogden moved that SB 677 be left pending; without objection, it was so ordered. At 10:08 a.m. Senator Wentworth assumed the chair. The chair laid out SB 345, relating to motor vehicle windshield and window sunscreening devices, and recognized the author, Senator Ogden, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the bill as filed. 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. Senator Wentworth moved that SB 345 be left pending; without objection, it was so ordered. The chair laid out SB 945, relating to the manner of issuance of a driver's license or personal identification certificate by the Department of Public Safety, and recognized the author, Senator Ogden, to explain 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. Senator Wentworth moved that SB 945 be left pending; without objection, it was so ordered. The chair laid out SB 946, relating to certain requirements for obtaining a driver's license for persons completing certain driver education courses, and recognized the author, Senator Ogden, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the bill as filed. 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. Senator Wentworth moved that SB 946 be left pending; without objection, it was so ordered. At 10:26 a.m. Senator Ogden resumed the chair. The committee then heard invited testimony on evacuation procedures for the Capitol Complex. Witnesses testifying and registering on the subject are shown on the attached list. The chair laid out SB 756, relating to a declaration of a local state of disaster by certain joint airport boards, and recognized the author, Senator Nelson, to explain 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. Senator Ogden moved that SB 756 be left pending; without objection, it was so ordered. The chair laid out SB 361, relating to the precedence of certain municipal highway access rules and ordinances over highway access management orders of the Texas Transportation Commission, which had been left pending from a previous hearing. Public testimony was re-opened. 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. Senator Lindsay sent up a committee substitute; the chair recognized Senator Lindsay to explain the difference between the committee substitute and the bill as filed. Senator Shapleigh moved adoption of the committee substitute; without objection, it was so ordered. Senator Shapleigh moved that SB 361 do not pass but that CSSB 361 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. Minutes Monday, March 17, 2003 page 3 The chair laid out SB 441, relating to the transportation by motor vehicle of persons within the boundaries of certain airports; creating an offense, which had been left pending from a previous hearing. Senator Shapleigh sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lindsay moved that SB 441, 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 9 ayes, 0 nay, 0 present not voting, and 0 absent. The chair laid out SB 461, relating to the operation of authorized emergency vehicles, which had been left pending from a previous hearing. The chair recognized Senator Wentworth to explain the difference between a committee substitute he sent up at a previous hearing, and the bill as filed. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Wentworth moved that SB 461 do not pass but that CSSB 461 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 SB 514, relating to restricting the use of designated lanes of certain highways, which had been left pending from a previous hearing. Senator Lindsay moved that SB 514 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. Minutes Monday, March 17, 2003 page 4 The chair laid out SB 540, relating to restricting the use of designated lanes of certain highways, which had been left pending from a previous hearing. The chair recognized Senator Lindsay to explain the difference between a committee substitute he sent up at a previous hearing, and the bill as filed. Senator Lindsay moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 540 do not pass but that CSSB 540 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. At 11:20 a.m. Senator Barrientos assumed the chair. The chair laid out SB 663, relating to an additional cost on conviction of an offense for roadway safety and traffic enforcement, which had been left pending from a previous hearing. Senator Ogden sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the bill as filed. Senator Barrientos moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 663 do not pass but that CSSB 663 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. At 11:25 a.m. Senator Ogden resumed the chair. The chair laid out SB 716, relating to causeways, bridges, tunnels, turnpikes, and highways in certain counties bordering the Gulf of Mexico and in adjacent counties, which had been left pending from a previous hearing. Senator Shapleigh sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Wentworth moved that SB 716, 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 9 ayes, 0 nay, 0 present not voting, and 0 absent. The chair laid out SB 724, relating to the settlement of certain claims against the Texas Department of Transportation, which had been left pending from a previous hearing. Senator Barrientos moved that SB 724 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 adoption of the minutes from the previous hearing held on March 10, 2003; without objection, it was so ordered. A quorum being present, the chair moved that the committee stand Minutes Monday, March 17, 2003 page 5 at ease at 11:30 a.m. in order to leave the voting on the above bills open awaiting remaining committee members, as their motions in writing would not affect the outcome of the votes. Without objection, it was so ordered. The committee came back to order at 11:35 a.m. when Senator Shapiro's votes were read into the record. The chair then moved that the committee stand at ease at 11:38 a.m. The committee then came back to order at 11:45 a.m. when Senator Ellis' votes were read into the record. The following committee members requested unanimous consent to be shown voting aye on CSSB 361: Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was so ordered. The following committee members requested unanimous consent to be shown voting aye on SB 441, as amended: Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was so ordered. The following committee members requested unanimous consent to be shown voting aye on CSSB 461: Senator Deuell, Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was so ordered. The following committee members requested unanimous consent to be shown voting aye on SB 514: Senator Deuell, Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was ordered. The following committee members requested unanimous consent to be shown voting aye on CSSB 540: Senator Deuell, Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was ordered. The following committee members requested unanimous consent to be shown voting aye on CSSB 663: Senator Deuell, Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was ordered. The following committee members requested unanimous consent to be shown voting aye on SB 716, as amended: Senator Deuell, Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was ordered. The following committee members requested unanimous consent to be shown voting aye on SB 724: Senator Deuell, Senator Ellis, Senator Madla, and Senator Shapiro. Without objection, it was ordered. There being no further business, at 11:50 a.m. Senator Ogden moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. Minutes Monday, March 17, 2003 page 6 ______________________ Senator Steve Ogden, Chair ______________________ Amy Schwartz, Clerk