MINUTES
Wednesday, May 7, 2003
9:00 a.m.
Capitol Extension Auditorium
*****
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 Wednesday, May 7, 2003, in
the Capitol Extension Auditorium at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Steve Ogden
Senator Gonzalo Barrientos
Senator Bob Deuell
Senator Rodney Ellis
Senator Jon Lindsay
Senator Frank Madla
Senator Florence Shapiro
Senator Eliot Shapleigh
Senator Jeff Wentworth
*****
Senator Gonzalo Barrientos, the acting chair, called the meeting
to order at 9:08 a.m. There being a quorum present, the
following business was transacted:
The chair laid out HB 627, relating to an area quarantine in
response to the introduction of an environmental or toxic agent
into the environment; providing a criminal penalty, and
recognized the Senate sponsor, Senator Deuell, 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 627 be left pending; without
objection, it was so ordered.
The chair laid out HB 1032, relating to expiration of a driving
instruction permit, and recognized the Senate sponsor, Senator
Deuell, 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
1032 be left pending; without objection, it was so ordered.
At 9:20 a.m. Senator Lindsay assumed the chair.
The chair laid out HCR 82, memorializing Congress to increase
Texas' share of revenue from the federal fuel tax to 95 percent,
and recognized the Senate sponsor, Senator Barrientos, to
explain the bill. Senator Barrientos 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 Lindsay moved that HCR 82 be left pending; without
objection, it was so ordered.
At 9:34 a.m. Senator Barrientos resumed the chair.
The chair laid out HB 9, relating to homeland security, and
recognized the Senate sponsor, Senator Shapiro, 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. Senator Shapiro
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 Barrientos moved that HB 9 be left pending;
without objection, it was so ordered.
The chair laid out HB 479, relating to registration with the
Selective Service System of certain applicants for a driver's
license or personal identification certificate, and recognized
the Senate sponsor, Senator Armbrister, 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 479 be left pending; without objection,
it was so ordered.
The chair laid out HB 11, relating to the offense of terroristic
threat and to the punishment as a capital offense of murder
occurring during the commission or attempted commission of
terroristic threat, and recognized the Senate sponsor, Senator
Shapiro, 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. Senator Shapiro 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 Barrientos moved
that HB 11 be left pending; without objection, it was so
ordered.
The chair laid out HB 1191, relating to the confidentiality of
certain sensitive information, and recognized the Senate
sponsor, 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.
Senator Barrientos moved that the committee stand recessed
subject to an announcement by Chairman Ogden upon adjournment of
the Senate session; without objection, it was so ordered.
Senator Ogden reconvened the meeting at 4:32 p.m.
Senator Deuell moved adoption of the minutes from the previous
hearing held on May 2, 2003; without objection, it was so
ordered.
The chair laid out SB 1432 by Averitt, relating to the liability
of highway, road and street contractors, which had been left
pending at a previous hearing. Senator Deuell sent up a
committee substitute; the chair recognized Senator Deuell to
explain the difference between the committee substitute and the
bill as filed. Senator Deuell moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Deuell moved that HB 1432 do not pass but that CSHB 1432 be
reported back to the Senate with the recommendation that it do
pass and be printed. Senator Wentworth and Senator Madla
requested unanimous consent to be shown voting aye on SB 1432;
without objection, it was so ordered. The motion carried with a
record vote of 7 ayes, 0 nay, 0 present not voting, and 2
absent.
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.
Senator Madla, Senator Shapleigh, and Senator Wentworth
requested unanimous consent to be shown voting aye on HB 1117;
without objection, it was so ordered. Senator Deuell moved that
HB 1191 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 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.
Senator Lindsay moved adoption of Committee Amendment 1, which
had been sent up at a previous hearing. Senator Ogden sent up
Committee Amendment 2 and moved adoption; without objection, the
amendment was adopted. Senator Shapiro moved that Committee
Amendment 1 and Committee Amendment 2 be rolled into a new
committee substitute; without objection, it was so ordered.
Senator Shapleigh requested unanimous consent to be shown voting
aye on HB 1208; without objection, it was so ordered. Senator
Shapiro moved that HB 1208 do not pass but that CSHB 1208 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.
Testimony on HB 1191 resumed from earlier in the hearing. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Ogden moved that HB 1191
be left pending; without objection, it was so ordered.
The chair laid out HB 627 by Reyna/Deuell, relating to an area
quarantine in response to the introduction of an environmental
or toxic agent into the environment; providing a criminal
penalty, which had been left pending earlier in the hearing.
Senator Shapiro requested unanimous consent to be shown voting
aye on HB 627; without objection, it was so ordered. Senator
Deuell moved that HB 627 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 Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1032 by Driver/Deuell, relating to
expiration of a driving instruction permit, which had been left
pending earlier in the hearing. Senator Shapiro requested
unanimous consent to be shown voting aye on HB 1032; without
objection, it was so ordered. Senator Deuell moved that HB 1032
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 Deuell moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HCR 82 by Campbell/Barrientos, memorializing
Congress to increase Texas' share of revenue from the federal
fuel tax to 95 percent, which had been left pending earlier in
the hearing. Senator Barrientos moved adoption of Committee
Amendment 1, which had been sent up earlier in the hearing;
without objection, it was so ordered. Senator Shapiro requested
unanimous consent to be shown voting aye on HCR 82; without
objection, it was so ordered. Senator Barrientos moved that HCR
82, 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. Senator Barrientos moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 5:07 p.m. Senator Barrientos assumed the chair.
The chair recognized Representative Lon Burnam to testify on HB
479, which had been left pending earlier in the hearing. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Barrientos moved that HB
479 be left pending; without objection, it was so ordered.
The following bills had no action taken in committee: SB 1763
by Ogden, and HB 157 by Krusee/Ogden.
There being no further business, at 5:19 p.m. Senator Barrientos
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