MINUTES Monday, March 24, 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 24, 2003, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Steve Ogden Senator Eliot Shapleigh Senator Gonzalo Barrientos Senator Bob Deuell Senator Rodney Ellis Senator Jon Lindsay Senator Frank Madla Senator Florence Shapiro Senator Jeff Wentworth ***** The chair called the meeting to order at 10:02 a.m. There being a quorum present, the following business was transacted: The committee heard invited testimony by John Nichols, Texas Capitol Fire Marshal, regarding evacuation procedures for the Capitol Complex. Senator Ellis moved adoption of the minutes from the previous hearing held on March 17, 2003; without objection, it was so ordered. The chair referred the following bills regarding license plates to the Special Select Subcommittee for further consideration: SB 874 by Deuell, relating to Texas State Rifle Association license plates; SB 908 by Lindsay, relating to the issuance of "Be a Blood Donor" license plates; creating an account and advisory committee; SB 960 by Duncan, relating to the issuance of cotton boll license plates to benefit the scholarship program of Texas Cotton Producers, Inc.; SB 1142 by Madla, relating to the issuance of special license plates benefitting Los Compadres of the San Antonio Missions National Historical Park; SB 1231 by Estes, relating to the issuance of special "United We Stand" license plates; SB 1233 by Williams, relating to the issuance of "Choose Life" license plates and to the creation of the Choose Life account in the general revenue fund; SB 1270 by Armbrister, relating to fees in connection with waterfowl and wetland conservation special license plates; SB 1334 by Barrientos, relating to special Texas Music license plates to support the activities of Austin Music Foundation, Inc., a Texas non-profit corporation, and other Texas-based non-profit members of its Affiliates Program; and SB 1345 by Jackson, relating to the issuance of Space Shuttle Columbia license plates to benefit the Aviation and Space Foundation of Texas. The chair referred the following bills regarding homeland security public information to the Special Select Subcommittee for further consideration: SB 647 by Wentworth, relating to excepting from required public disclosure under the public information law the assessments of a utility's vulnerability to intentional acts of harm; SB 711 by Jackson, relating to the application of the public information law to certain emergency preparedness plans of a county; SB 762 by Lindsay, relating to the application of the open meetings law and the public information law to meetings and information regarding certain security plans of a municipal hospital, a hospital district, or a health department; SB 763 by Lindsay, relating to the application of the open meetings law and the public information law to certain meetings and information regarding plans for responding to an act of terrorism; SB 764 by Lindsay, relating to the application of the open meetings law and the public information law to meetings and information of certain governmental bodies relating to the security of a port in this state; SB 809 by Harris, relating to the application of the public information law to information pertaining to the security or vulnerability of the infrastructure, buildings, or operations of an airport; SB 872 by Wentworth, relating to the application of the open meetings law and the public information law to meetings and information regarding certain plans, including emergency prevention or response plans and engineering or architectural plans; and SB 980 by Wentworth, relating to the authority of the Public Utility Commission of Texas or the Railroad Commission of Texas to conduct a closed meeting to deliberate a security threat or disaster. The chair laid out SB 410, relating to the financing and construction of highways, and recognized the author, Senator Lucio, Jr., to explain the bill. The chair laid out SJR 21, proposing a constitutional amendment authorizing the legislature to provide for the issuance of bonds for improvements to the state highway system, and recognized the author, Senator Lucio, Jr., to explain the bill. Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony on SB 410 and SJR 21 be closed; without objection, it was so ordered. Senator Ogden moved that SB 410 and SJR 21 be left pending; without objection, it was so ordered. At 10:24 a.m. Senator Barrientos assumed the chair. The chair laid out SB 1083, relating to the issuance of bonds and other public securities secured by the state highway fund and the financing and construction of highways, and recognized the author, Senator Ogden, to explain the bill. The chair laid out SJR 44, proposing a constitutional amendment authorizing the legislature to provide for the issuance of bonds and other public securities secured by the state highway fund for improvements to the state highway system, and recognized the author, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony on SB 1083 and SJR 44 be closed; without objection, it was so ordered. Senator Barrientos moved that SB 1083 and SJR 44 be left pending; without objection, it was so ordered. Minutes Monday, March 24, 2003 page 4 The chair laid out SB 1082, relating to loans from the permanent school fund for the acquisition of rights-of-way for the state highway system, 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. Senator Ogden moved adoption of the committee substitute; without objection, it was so ordered. The chair laid out SJR 43, proposing a constitutional amendment authorizing the Texas Department of Transportation to borrow money from the permanent school fund to finance the acquisition of rights-of-way, and recognized the author, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony on SB 1082 and SJR 43 be closed; without objection, it was so ordered. Senator Barrientos moved that SB 1082 and SJR 43 be left pending; without objection, it was so ordered. At 11:44 a.m. Senator Ogden resumed the chair. The chair laid out SB 1063 and recognized the author, Senator Shapiro, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Witnesses testifying and registering on the bill are shown on the attached list. At 11:46 a.m. Senator Barrientos assumed the chair. Senator Barrientos moved that SB 1063 be left pending; without objection, it was so ordered. The chair laid out SB 1064 and recognized the author, Senator Shapiro, 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 Barrientos moved that SB 1064 be left pending; without objection, it was so ordered. At 12:04 p.m. Senator Ogden resumed the chair. The chair laid out SB 756 by Nelson, relating to a declaration of a local state of disaster by certain joint airport boards, which had been left pending from a previous hearing. Senator Lindsay moved that SB 756 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 12:09 p.m. Senator Barrientos assumed the chair. The chair laid out SB 345 by Ogden, relating to motor vehicle windshield and window sunscreening devices, which had been left Minutes Monday, March 24, 2003 page 5 pending from a previous hearing. The chair recognized Senator Ogden to explain the difference between a committee substitute he sent up at a previous hearing, and the bill as filed. Senator Ogden moved adoption of the committee substitute; without objection, it was so ordered. Senator Ogden moved that SB 345 do not pass but that CSSB 345 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record voted of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 945 by Ogden, relating to the manner of issuance of a driver's license or personal identification certificate by the Department of Public Safety, which had been left pending from a previous hearing. Senator Lindsay moved that SB 945 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. The chair laid out SB 946 by Ogden, relating to certain requirements for obtaining a driver's license for persons completing certain driver education courses, which had been left pending from a previous hearing. The chair recognized Senator Ogden to explain the difference between a committee substitute he sent up at a previous hearing and the bill as filed. Senator Ogden moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 946 do not pass but that CSSB 946 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. At 12:16 p.m. Senator Ogden resumed the chair. The following committee members requested unanimous consent to be shown voting aye on SB 756: Senator Deuell and Senator Ellis. Without objection, it was so ordered. The following committee members requested unanimous consent to be shown voting aye on CSSB 345: Senator Deuell, Senator Ellis, and Senator Wentworth. Without objection, it was so ordered. The following committee members requested unanimous consent to be shown voting aye on SB 945: Senator Deuell, Senator Ellis, and Senator Wentworth. Without objection, it was so ordered. The following committee members requested unanimous consent to be shown voting aye on CSSB 946: Senator Ellis and Senator Wentworth. Without objection, it was so ordered. Minutes Monday, March 24, 2003 page 6 There being no further business, at 12:19 p.m. Senator Ogden moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Steve Ogden, Chair ______________________ Amy Schwartz, Clerk