MINUTES 
                                           
              SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY 
                              Wednesday, March 2, 2005 
                                     8:00 a.m. 
                           Capitol Extension, Room E1.016 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on  
         Transportation and Homeland Security was held on Wednesday,  
         March 2, 2005, in the Capitol Extension, Room E1.016, at Austin,  
         Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Todd Staples                    Senator Gonzalo  
         Barrientos 
         Senator Kim Brimer 
         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 8:09 a.m.  The  
         following business was transacted:   
          
         The chair laid out SB 170 and recognized the author, Senator  
         Harris, to explain the bill.   
         Senator Shapiro sent up a committee substitute; the chair  
         recognized Senator Harris to explain the difference between the  
         committee substitute and the bill as filed. The chair opened SB  
         170 for public testimony.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered. All  
         witnesses registering and/or testifying are shown on the  
         attached list. Senator Staples moved that SB 170  and the  
         committee substitute be left pending; without objection, it was  
         so ordered.   
          
         The chair laid out SB 89 and recognized the author, Senator  
         Averitt, to explain the bill.  The chair opened SB 89 for public  
         testimony. With there being no one wishing to register or  
         testify, the chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Staples moved  
         that SB 89 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out SB 186 and recognized the author, Senator  
         Lindsay, to explain the bill.  The chair opened SB 186 for  
         public testimony. The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Witnesses  
         registering and/or testifying are shown on the attached list.  
         Senator Staples moved that SB 317 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 217 and recognized the author, Senator  
         Shapiro, to explain the bill. Senator Shapiro sent up committee  
         amendment 1 and moved adoption; without objection the amendment  
         was adopted. The chair opened SB 217 for public testimony.   
          
         There being a quorum present at 8:40 a.m. the clerk called the  
         roll. 
          
         The chair resumed discussion on SB 217.  The chair moved that  
         the public testimony be closed; without objection, it was so  
         ordered.  Witnesses registering and/or testifying are shown on  
         the attached list. Senator Shapiro requested unanimous consent  
         to roll the amendment into a committee substitute; without  
         objection, it was so ordered.  Senator Shapiro then moved that  
         the committee substitute be adopted; without objection, it was  
         so ordered.  Senator Staples moved that CSSB 217 be left  
         pending; without objection, it was so ordered.   
          
         At 8:50 a.m. Senator Shapiro assumed the chair.   
          
         The chair laid out SB 317 and recognized the author, Senator  
         Staples, to explain the bill.  Senator Staples sent up committee  
         amendment 1 and moved adoption; without objection, the amendment  
         was adopted. The chair opened SB 317 for public testimony. The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered. Witnesses registering and/or  
         testifying are shown on the attached list. Senator Staples  
         requested unanimous consent to roll the amendment into a  
         committee substitute; without objection, it was so ordered.  
         Senator Shapiro then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Senator Staples  
         moved that CSSB 317 be left pending; without objection, it was  
         so ordered.   
          
         The chair laid out SCR 2 and recognized the author, Senator  
         Staples, to explain the bill.  The chair opened SCR 2 for public  
         testimony. The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Witnesses registering  
         and/or testifying are shown on the attached list. Senator  
         Staples moved that SCR 2 be left pending; without objection, it  
         was so ordered.   
          
         At 9:00 a.m. Senator Staples resumed the chair.   
          
         Previously SB 89 was laid out, Senator Lindsay moved that SB 89  
         be reported favorably 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 Shapiro moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection it was so  
         ordered.  
          
         Previously SB 170 was laid out, Senator Staples moved that SB  
         170 and the proposed committee substitute be left pending. 
          
         Previously SB 186 was laid out, Senator Lindsay moved that SB  
         186 be reported favorably 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.   
          
         Previously CSSB 217 was laid out and adopted, Senator Shapiro  
         moved that SB 217 do not pass but that CSSB 217 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 Shapiro moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection it was so ordered. 
          
         Previously CSSB 317 was laid out and adopted, Senator Staples  
         moved that CSSB 317 be left pending; without objection, it was  
         so ordered.   
          
         Previously SCR 2 was laid out, Senator Staples moved that SCR 2  
         be left pending; without objection, it was so ordered.   
          
         Senator Wentworth moved adoption of the minutes from the  
         previous hearing held on February 9, 2005; without objection, it  
         was so ordered. 
          
         Pursuant to a motion in writing, unanimous consent was requested  
         and granted for Senator Madla to be shown voting aye on SB 89,  
         SB 186, and SB 217.  His votes are included in the total vote  
         for each bill listed above. 
          
         There being no further business, at 9:05 a.m. Senator Staples  
         moved that the committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Todd Staples, Chair 
          
         _____________________________ 
         Patricia Gajda, Clerk