MINUTES Monday, April 28, 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, April 28, 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 1025, relating to the funding of port security, transportation, and facility projects, including port studies, and recognized the author, Senator Lucio, Jr., to explain the bill. Senator Shapleigh sent up a committee substitute; the chair recognized Senator Lucio, Jr. 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 1025 be left pending; without objection, it was so ordered. At 10:11 a.m. Senator Barrientos assumed the chair. The chair laid out HB 510, relating to the eligibility of a federal administrative law judge to receive U.S. Judge license plates, and recognized the Senate sponsor, 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 Barrientos moved that HB 510 be left pending; without objection, it was so ordered. At 10:39 a.m. Senator Ogden resumed the chair. The chair laid out SB 1407, relating to regulation of certain information logo signs along certain major highways, and recognized the author, Senator Estes, to explain the bill. Senator Ogden sent up Committee Amendment 1. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony on SB 1407 remain open until the committee reconvened after session adjourned; without objection, it was so ordered. Senator Ogden moved that the committee stand recessed until one hour after Senate session adjournment. Without objection, it was so ordered. The chair reconvened the meeting at 2:04 p.m. There being a quorum present, the following business was transacted: Public testimony on SB 1407 resumed. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Ogden moved that SB 1407 be left pending; without objection, it was so ordered. The chair laid out SB 1463, relating to the conversion of a non-tolled state highway to a toll facility, and recognized the author, Senator Lindsay, to explain the bill. 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 Lindsay sent up Committee Amendment 1. Senator Lindsay sent up Committee Amendment 2. 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 1463 be left pending; without objection, it was so ordered. The chair laid out HB 1117, relating to the clarification by a county of the existence of a public interest in certain roads, and recognized the Senate sponsor, Senator Deuell, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 3:39 p.m. Senator Madla assumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that the committee stand at ease until 4 p.m. Without objection, it was so ordered. The chair reconvened the meeting at 4:03 p.m. There being a quorum present, the following business was transacted. The chair laid out SB 1517 by Armbrister, relating to making security personnel at commercial nuclear power plants peace officers for the purpose of meeting federal requirements for protecting against terrorist attacks and improving the process for qualifying those security personnel, which had been left pending at a previous hearing. Senator Ellis moved adoption of a committee substitute which had been sent up at a previous hearing; without objection, it was so ordered. Senator Shapleigh moved that SB 1517 do not pass but that CSSB 1517 be reported back to the Senate with the recommendation that it do pass and be printed. Senator Shapiro requested unanimous consent to be shown voting aye on SB 1517; without objection, it was so ordered. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 3 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 1499 by Madla, relating to contracts for the design and construction of transportation projects by the Texas Department of Transportation, which had been left pending at a previous hearing. Senator Madla sent up a committee substitute; the chair recognized Senator Madla to explain the difference between the committee substitute and the bill as filed. Senator Ogden moved that SB 1499 be left pending to await a quorum; without objection, it was so ordered. Senator Ogden moved that the committee stand recessed until 4:45 p.m. Without objection, it was so ordered. The chair reconvened the meeting at 4:49 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 1706 by Wentworth, relating to the authorization of airport authorities and the issuance of bonds and exercise of eminent domain by the authorities, which had been left pending at a previous hearing. Senator Wentworth moved adoption of Committee Amendment 1, which had been sent up at a previous hearing; without objection, it was so ordered. Senator Wentworth sent up Committee Amendment 2 and moved adoption; without objection, it was so ordered. Senator Wentworth sent up Committee Amendment 3 and moved adoption; without objection, it was so ordered. Senator Wentworth moved that Committee Amendments 1, 2, and 3 be rolled into a new committee substitute; without objection, it was so ordered. Senator Wentworth moved that SB 1706 do not pass but that CSSB 1706 be reported back to the Senate with the recommendation that it do pass and be printed. Senator Ellis and Senator Shapiro requested unanimous consent to be shown voting aye on SB 1706; 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. The chair laid out SB 1499, which had been left pending earlier in the hearing. Senator Madla moved adoption of a committee substitute sent up earlier at the hearing; without objection, it was so ordered. Senator Madla moved that SB 1499 do not pass but that CSSB 1499 be reported back to the Senate with the recommendation that it do pass and be printed. Senator Ellis and Senator Shapiro requested unanimous consent to be shown voting aye on SB 1499; without objection, it was so ordered. The motion carried with a record vote of 8 ayes, 1 nay, 0 present not voting, and 0 absent. At 4:58 p.m. Senator Barrientos assumed the chair. The chair laid out SB 344 by Ogden, relating to the required reporting to the Texas Department of Transportation of information regarding railroad crossings; imposing a penalty, which had been left pending at a previous hearing. Senator Ogden moved adoption of a committee substitute sent up at a previous hearing; without objection, it was so ordered. Senator Ogden moved that SB 344 do not pass but that CSSB 344 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. At 5:01 p.m. Senator Ogden resumed the chair. The chair laid out SB 1407, which had been left pending earlier in the hearing. The chair moved that public testimony be re-opened; without objection, it was so ordered. 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 adoption of Committee Amendment 1, which had been sent up earlier at the hearing; without objection it was so ordered. Senator Ellis moved that SB 1407, 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 1025, which had been left pending earlier in the hearing. Senator Shapleigh moved adoption of a committee substitute which had been sent up earlier at the hearing; without objection, it was so ordered. Senator Barrientos moved that SB 1025 do not pass but that CSSB 1025 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 adoption of the minutes from the previous hearing held on April 23, 2003; without objection, it was so ordered. The chair laid out SB 978, relating to the automation of the compulsory motor vehicle inspection system, 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. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 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 978 be left pending; without objection, it was so ordered. The chair laid out HB 1208, relating to the mitigation of traffic congestion on highways; providing penalties, and recognized the Senate sponsor, Senator Shapiro, to explain the bill. Senator Lindsay sent up Committee Amendment 1. 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 HB 1208 be left pending; without objection, it was so ordered. The chair laid out SB 870, relating to the disposition of certain fees in connection with driver's licenses to the credit of the Texas mobility fund for highway and transportation purposes, and recognized the author, Senator Shapiro, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ogden moved that SB 870 be left pending; without objection, it was so ordered. At 5:41 p.m. Senator Shapiro assumed the chair. The chair laid out SB 1763, relating to vehicle weights, 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 Shapiro moved that SB 1763 be left pending; without objection, it was so ordered. The following bill had no action taken: HB 9 by Flores/Shapiro. At 6:06 p.m. Senator Ogden resumed the chair. There being no further business, at 6:07 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