MINUTES
Monday, March 31, 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 31, 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 10:02 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 470, relating to prohibition of signs and
designation of scenic route on Spring-Cypress Road, and
recognized the author, Senator Lindsay, to explain the bill.
Senator Ogden moved that SB 470 be left pending until later in
the hearing; without objection, it was so ordered.
The chair laid out SB 1328, relating to insurance requirements
for commercial motor vehicles, and recognized the author,
Senator Averitt, 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 1328
be left pending; without objection, it was so ordered.
Senator Deuell moved adoption of the minutes from the previous
hearing held on March 24, 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 569 by Bivins, relating to the
issuance of Air Force Association
license plates; SB 730 by Staples, relating to the design of
license plates for veterans with disabilities; SB 1495 by Madla,
relating to the issuance of special airborne parachutist license
plates; SB 1506 by Harris, relating to the issuance of Texas
County Child Welfare Boards special license plates; SB 1697 by
Wentworth, relating to the issuance of special license plates
for recipients of the Distinguished Flying Cross Medal; and SB
1704 by Wentworth, relating to the issuance of specially
designed license plates by the Texas Department of
Transportation.
The chair laid out SB 895, relating to the conducting of a
driver education course by certain family members of the
student, and recognized the author, Senator Bivins, to explain
the bill. Senator Ogden moved that SB 895 be left pending until
later in the hearing; without objection, it was so ordered.
The chair laid out SB 1580, relating to bond requirements for
privatized maintenance contracts 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 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 Ogden moved that SB 1580
be left pending until later in the hearing; without objection,
it was so ordered.
The chair laid out SB 1715, relating to motor vehicle lighting
equipment and compulsory inspection and recognized the author,
Senator Wentworth, 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 1715
be left pending; without objection, it was so ordered.
The chair laid out SB 470, which had been left pending earlier
in the hearing. 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 470 be left pending;
without objection, it was so ordered.
The chair laid out SB 888 and recognized Senator Shapiro, in the
absence of the author, to explain the bill. Senator Shapiro
sent up a committee substitute; the chair recognized Senator
Shapiro 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 Ogden moved that SB 888
be left pending; without objection, it was so ordered.
At 11:24 a.m. Senator Madla assumed the chair.
The chair laid out SB 944, relating to the expiration and
appearance of a driver's license, identification certificate, or
commercial driver's license or permit issued to a person who is
not a citizen of the United States, and recognized the author,
Senator Ogden, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Ogden moved that SB 944 be left pending until later in the
hearing; without objection, it was so ordered.
At 12:04 p.m. Senator Ogden resumed the chair.
The chair laid out SB 1580, which had been left pending earlier
in the hearing. The chair recognized Senator Wentworth to
explain the difference between a committee substitute he sent up
earlier at the hearing, and the bill as filed. Senator Ogden
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Wentworth moved that SB 1580 do not
pass but that CSSB 1580 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 SB 470, which had been left pending earlier
in the hearing. Senator Lindsay moved that SB 470 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
Lindsay moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 895, which had been left pending earlier
in the hearing. Senator Ogden moved that SB 895 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 Madla
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 1063 by Shapiro, relating to insurance
coverage of commercial motor carriers, which had been left
pending from a previous hearing. Senator Barrientos moved that
SB 1063 be reported favorably to the Senate with the
recommendation that it do pass and be printed. Senator Shapleigh
requested unanimous consent to be shown voting aye on SB 1063;
without objection, it was so ordered. The motion carried with a
record vote of 9 ayes, 0 nay, 0 present not voting, and 0
absent.
At 12:12 p.m. Senator Barrientos assumed the chair.
The chair laid out SJR 21 by Lucio, proposing a constitutional
amendment authorizing the legislature to provide for the
issuance of bonds for improvements to the state highway system,
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. At the substitute author's
request, the chair withdrew consideration of the substitute;
without objection, it was so ordered. The chair moved to
withdraw SJR 21 from consideration at this hearing; without
objection, it was so ordered.
The chair laid out SJR 44 by Ogden, 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,
which had been left pending from a previous hearing. Senator
Ogden moved that SJR 44 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.
The chair laid out SB 1083 by Ogden, relating to the issuance of
bonds and other public securities secured by the state highway
fund and the financing and construction of highways, which had
been left pending from a previous hearing. Senator Lindsay sent
up Committee Amendment 1. At the bill author's request, the
chair moved to withdraw SB 1083 from consideration at this
hearing; without objection, it was so ordered.
The chair laid out SJR 43 by Ogden, 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, which had been left pending from a
previous hearing. Senator Ogden moved that SJR 43 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.
The chair laid out SB 1082 by Ogden, relating to loans from the
permanent school fund for the acquisition of rights-of-way for
the state highway system, which had been left pending from a
previous hearing. The chair, at the substitute author's
request, pulled down a substitute adopted at a previous hearing;
without objection, it was so ordered. Senator Ogden sent up a
new 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. Public
testimony was then re-opened from a previous hearing. 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 Shapiro sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Shapiro requested unanimous
consent to roll the amendment into a new committee substitute;
without objection, it was so ordered. Senator Ogden moved that
SB 1082 do not pass but that CSSB 1082 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 12:40 p.m. Senator Ogden resumed the chair.
At 12:41 p.m. Senator Lindsay assumed the chair.
The chair laid out SB 944, which had been left pending earlier
in the hearing. Public testimony was then resumed. 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 moved
that SB 944 be left pending; without objection, it was so
ordered.
The chair laid out SB 1397, relating to the operation of Texas
Task Force 1, 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 Lindsay moved that SB 1397 be left pending;
without objection, it was so ordered.
The chair laid out SB 1398, relating to the admissibility of the
use or nonuse of certain safety devices in a civil trial 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 Lindsay
moved that SB 1398 be left pending; without objection, it was so
ordered.
At 1:21 p.m. Senator Ogden resumed the chair.
There being no further business, at 1:22 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