MINUTES Monday, May 12, 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 12, 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 10:04 a.m. There being a quorum present, the following business was transacted: The chair laid out HB 2384, relating to the unauthorized use of toll roads in certain counties, and recognized the Senate sponsor, Senator Janek, 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 HB 2384 be left pending; without objection, it was so ordered. Senator Ogden moved that the committee stand recessed until 10:30 a.m.; without objection, it was so ordered. The chair reconvened the meeting at 10:30 a.m. At 10:31 a.m. Senator Shapiro assumed the chair. The chair laid out HB 1883, relating to the appointment of a voting proxy by members of certain policy boards of metropolitan planning organizations, and recognized the Senate sponsor, Senator Ogden, to explain the bill. Senator Shapiro moved that HB 1883 be left pending; without objection, it was so ordered. The chair laid out HB 2116, relating to the operation of Texas Task Force 1, and recognized the Senate sponsor, 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. Senator Ogden sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ogden requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered. Senator Ogden then moved that the committee substitute be adopted; 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 Shapiro moved that HB 2116 be left pending; without objection, it was so ordered. The chair laid out HB 2859, relating to the regulation of obstructions to air navigation, 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 Shapiro moved that HB 2859 be left pending; without objection, it was so ordered. At 10:44 a.m. Senator Ogden resumed the chair. Senator Shapiro moved adoption of the minutes from the previous hearings held on May 5, 2003, May 7, 2003, and May 8, 2003; without objection, it was so ordered. The chair laid out HB 1654, relating to designation of a portion of State Highway 121 in Tarrant and Johnson counties as the Chisholm Trail Parkway, and recognized the Senate sponsor, Senator Averitt, to explain the bill. Senator Ogden moved that HB 1654 be left pending; without objection, it was so ordered. The chair laid out HB 1439, relating to the application and enforcement of traffic regulations in private subdivisions in certain counties, and recognized the Senate sponsor, Senator Williams, 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 HB 1439 be left pending; without objection, it was so ordered. The chair laid out HB 816, relating to recognizing the week that includes the third Friday in May as Transportation Week, and recognized the Senate sponsor, Senator Lindsay, 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 HB 816 be left pending; without objection, it was so ordered. The chair laid out HB 630, relating to the designation of State Highway 173 between Kerrville and Jourdanton as the 173d Airborne Brigade Memorial Highway, and recognized Senator Shapleigh, in the absence of the Senate sponsor, 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 HB 630 be left pending; without objection, it was so ordered. The chair laid out HB 2096, relating to creation of an offense for transporting a person in certain trailers and semitrailers, and recognized Senator Shapleigh, in the absence of the Senate sponsor, 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 HB 2096 be left pending; without objection, it was so ordered. The chair laid out HB 874, relating to the driver's license or personal identification card number on a parking placard issued to an individual with a disability, and recognized Senator Lindsay, in the absence of the Senate sponsor, 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 HB 874 be left pending; without objection, it was so ordered. The chair laid out HB 2092, relating to the award of certain state highway maintenance contracts, and recognized Senator Lindsay, in the absence of the Senate sponsor, 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 HB 2092 be left pending; without objection, it was so ordered. Senator Ogden moved that the committee stand recessed until 11:30 a.m.; without objection, it was so ordered. The chair reconvened the meeting at 11:31 a.m. The chair laid out SB 355, which had been left pending at a previous hearing, relating to public health preparedness; providing criminal penalties, and recognized the author, Senator Janek, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Janek 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 Madla sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ogden requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered. Senator Ogden then moved that the committee substitute be adopted; 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. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on CSSB 355; without objection, it was so ordered. Senator Deuell moved that SB 355 do not pass but that CSSB 355 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 399, which had been left pending at a previous hearing, relating to the powers and duties of the governor and certain state agencies relating to public health, including public health emergencies, and recognized Senator Wentworth, in the absence of the author, 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. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on CSSB 399; without objection, it was so ordered. Senator Deuell moved that SB 399 do not pass but that CSSB 399 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 Madla moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 11:45 a.m. Senator Madla assumed the chair. The chair laid out HB 157, which had been left pending at a previous hearing, relating to the powers and duties of a regional mobility authority, and recognized the Senate sponsor, 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. Senator Madla sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ogden requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on CSHB 157; without objection, it was so ordered. Senator Ogden moved that HB 157 do not pass but that CSHB 157 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 11:51 a.m. Senator Ogden resumed the chair. The chair laid out HB 630, which had been left pending earlier in the hearing. Senator Madla moved that HB 630 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. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 630; without objection, it was so ordered. 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 HB 816, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 816; without objection, it was so ordered. Senator Lindsay moved that HB 816 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 HB 874, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 874; without objection, it was so ordered. Senator Wentworth moved that HB 874 be reported favorably to the Senate with the recommendation that it do pass and be printed. 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 HB 1330, relating to medical information on a driver's license, and recognized the Senate sponsor, Senator Staples, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 1330; without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lindsay moved that HB 1330 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 HB 1439, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 1439; without objection, it was so ordered. Senator Lindsay moved that HB 1439 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 HB 1654, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 1654; without objection, it was so ordered. Senator Wentworth moved that HB 1654 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 11:54 a.m. Senator Madla assumed the chair. The chair laid out HB 1883, which had been left pending earlier in the 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. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on CSHB 1883; without objection, it was so ordered. Senator Ogden moved that HB 1883 do not pass but that CSHB 1883 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 11:45 a.m. Senator Ogden resumed the chair. The chair laid out HB 2092, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 2092; without objection, it was so ordered. Senator Wentworth moved that HB 2092 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2096, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 2096; without objection, it was so ordered. Senator Ogden moved that HB 2096 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. At 11:57 a.m. Senator Madla assumed the chair. The chair laid out HB 2116, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on CSHB 2116; without objection, it was so ordered. Senator Ogden moved that HB 2116 do not pass but that CSHB 2116 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2859, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 2859; without objection, it was so ordered. Senator Ogden moved that HB 2859 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 11:59 a.m. Senator Ogden resumed the chair. The chair laid out HB 2384, which had been left pending earlier in the hearing. Senators Barrientos, Ellis, Shapiro, and Shapleigh requested unanimous consent to be shown voting aye on HB 2384; without objection, it was so ordered. Senator Deuell moved that HB 2384 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 following bills had no action taken in committee: SB 1677 by Barrientos and HB 479 by Hunter/Armbrister. There being no further business, at 12:00 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