MINUTES
Monday, May 5, 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, May 5, 2003, in the
Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Steve Ogden Senator Frank Madla
Senator Gonzalo Barrientos
Senator Bob Deuell
Senator Rodney Ellis
Senator Jon Lindsay
Senator Florence Shapiro
Senator Eliot Shapleigh
Senator Jeff Wentworth
*****
The chair called the meeting to order at 10:04 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 1939, relating to road and bridge
improvements by certain metropolitan rapid transit authorities,
and recognized the author, Senator Lindsay, to explain the bill.
The chair moved that SB 1939 be left pending, awaiting public
testimony; without objection, it was so ordered.
The chair laid out SB 1432, relating to the liability of
highway, road and street contractors, and recognized the author,
Senator Averitt, to explain the bill. Senator Shapiro sent up a
committee substitute; the chair recognized Senator Averitt to
explain the difference between the committee substitute and the
bill as filed. The chair moved that SB 1432 be left pending,
awaiting public testimony; without objection, it was so ordered.
The chair laid out SB 1939, which had been left pending earlier
in the hearing. Witnesses testifying and registering on the
bill are shown on the attached list.
Senator Ogden moved that the committee stand recessed until 30
minutes after Senate session adjournment; without objection, it
was so ordered.
Senator Ogden reconvened the meeting at 4:36 p.m.
Testimony on SB 1939 resumed. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Ogden moved that SB 1939 be left pending; without
objection, it was so ordered.
The chair laid out SB 1432, which had been left pending earlier
in the hearing. Witnesses testifying and registering on the
bill are shown on the attached list. Senator Wentworth sent up
Committee Amendment 1.
At 5:15 p.m. Senator Wentworth assumed the chair.
At 5:19 p.m. Senator Shapiro assumed the chair.
The chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Shapiro moved that SB
1432 be left pending; without objection, it was so ordered.
The chair laid out SB 1702, relating to the authority of the
commissioners court of a county to regulate the movement of an
oversize manufactured house on certain county roads, bridges, or
culverts; providing a penalty, 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 Shapiro
moved that SB 1702 be left pending; without objection, it was so
ordered.
Senator Shapiro moved that the committee stand recessed until
5:45; without objection, it was so ordered.
Senator Ogden reconvened the meeting at 5:45 p.m.
At 5:47 p.m. Senator Wentworth assumed the chair.
The chair laid out HB 156, relating to the grant of the power of
eminent domain to a regional mobility authority, 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 Wentworth
moved that HB 156 be left pending; without objection, it was so
ordered.
At 5:51 p.m. Senator Ogden resumed the chair.
Senator Wentworth moved adoption of the minutes from the
previous hearing held on May 1, 2003; without objection, it was
so ordered.
The chair laid out HB 1117 by Keffer/Deuell, relating to the
clarification by a county of the existence of a public interest
in certain roads, which had been left pending at a previous
hearing. The committee members discussed HB 1117. Senator
Ogden moved that HB 1117 be left pending; without objection, it
was so ordered.
The chair laid out HB 1208 by Lewis/Shapiro, relating to the
mitigation of traffic congestion on highways; providing
penalties, which had been left pending at a previous hearing.
The committee members discussed HB 1208. Senator Ogden moved
that HB 1208 be left pending; without objection, it was so
ordered.
The chair laid out SB 1679 by Gallegos, relating to the driving
record of the holder of a commercial driver's license and the
operation of commercial motor vehicles; creating an offense,
which had been left pending at a previous hearing. Senator
Barrientos sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator
Barrientos sent up Committee Amendment 2 and moved adoption;
without objection, the amendment was adopted. Senator
Barrientos sent up Committee Amendment 3 and moved adoption;
without objection, the amendment was adopted. Senator
Barrientos requested unanimous consent to roll the amendments
into a committee substitute; without objection, it was so
ordered. Senator Barrientos then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Barrientos moved that SB 1679 do not pass but that CSSB
1679 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, 1 nay, 0 present not voting, and 1 absent.
At 6:18 p.m. Senator Barrientos assumed the chair.
The chair laid out SB 1763 by Ogden, relating to vehicle
weights, which had been left pending at 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 Ogden moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Barrientos moved that SB 1763 be left
pending; without objection, it was so ordered.
At 6:28 p.m. Senator Ogden resumed the chair.
At 6:29 p.m. Senator Barrientos assumed the chair.
The chair laid out HB 156, which had been left pending earlier
in the hearing. Senator Ogden moved that HB 156 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. Senator Deuell requested unanimous consent to
be shown voting aye on HB 156; without objection, it was so
ordered. The motion carried with a record vote 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.
At 6:32 p.m. Senator Ogden resumed the chair.
At 6:34 p.m. Senator Lindsay assumed the chair.
The chair laid out HB 157, relating to the powers and duties of
a regional mobility authority, 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 Lindsay moved
that HB 157 be left pending; without objection, it was so
ordered.
The chair laid out SB 1924, relating to the powers and duties of
a regional mobility authority, including the power of eminent
domain and the power to issue bonds; providing criminal
penalties, 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 1924 be left pending; without
objection, it was so ordered.
The following bill had no action taken: SB 1677 by Barrientos.
At 8:01 p.m. Senator Ogden resumed the chair.
There being no further business, at 8:02 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