MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, March 9, 2005
8:30 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 9, 2005, in the Capitol Extension, Room E1.016, at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Todd Staples None
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 8:04 a.m. The clerk
called the roll; there being a quorum present, the following
business was transacted:
Senator Lindsay moved adoption of the minutes from the previous
hearing held on March 2, 2005; without objection, it was so
ordered.
The chair laid out SB 292 and recognized the author, Senator
Carona, to explain the bill. Witnesses testifying and/or
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 Staples moved that SB 292
be left pending; without objection, it was so ordered.
The chair laid out SB 125 and recognized the author, 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 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 Staples moved that SB 125 and the
proposed substitute to SB 125 be left pending; without
objection, it was so ordered.
The chair laid out SB 129 and recognized the author, Senator
Barrientos, to explain the bill.
At 8:29 a.m. Senator Madla assumed the chair. 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 sent
up a committee substitute; the chair recognized Senator
Barrientos to explain the difference between the committee
substitute and the bill as filed. Senator Barrientos sent up
committee amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Barrientos requested unanimous
consent to incorporate amendment into the 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 Madla moved that SB 129 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, with Senator Staples in the
chair, Senator Barrientos moved that SB 129 do not pass but that
CSSB 129 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.
The chair laid out SB 176 and recognized the author, Senator
Brimer, to explain the bill. 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 Madla
moved that SB 176 be left pending; without objection, it was so
ordered.
The chair laid out SB 573 and recognized the author, Senator
Brimer, 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 Madla moved that SB 573 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, with Senator Staples in the
chair, Senator Brimer moved that SB 573 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 Brimer moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out, as pending business, SB 170 and recognized
Senator Brimer, in the absence of the author, to explain the
bill. Senator Brimer sent up a committee substitute; the chair
recognized Senator Brimer to explain the difference between the
committee substitute and the bill as filed. Senator Madla moved
that SB 170 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, with
Senator Staples in the chair, Senator Brimer moved that SB 170
do not pass but that CSSB 170 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 Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Madla moved that the committee stand recessed at 8:47
a.m. for about 5 minutes; without objection, it was so ordered.
At 8:52 a.m. the committee reconvened with Senator Staples in
the chair.
At 8:53 a.m. Senator Barrientos assumed the chair.
The chair laid out SB 431 and recognized the author, Senator
Staples, to explain the bill. Senator Staples sent up committee
amendment 1 and 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 Staples moved adoption of
committee amendment 1 and 2; without objection, the amendments
were adopted. Senator Barrientos moved that SB 431 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, with Senator Staples in the chair,
Senator Wentworth requested unanimous consent to roll the
amendments into a committee substitute; without objection, it
was so ordered. Senator Wentworth moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Wentworth moved that SB 431 do not pass but that CSSB
431 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.
At 9:09 a.m. Senator Staples resumed the chair.
The chair laid out, as pending business, CSSB 317 (adopted at
the March 2, 2005 hearing). Senator Shapleigh sent up committee
amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Shapleigh requested unanimous consent to
roll the amendments into a committee substitute; without
objection, it was so ordered. Senator Shapleigh then moved that
the committee substitute be adopted; without objection, it was
so ordered. Senator Shapleigh moved that SB 317 do not pass but
that CSSB 317 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 Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out, as pending business, SCR 2 and explained the
bill. The chair sent up a committee substitute and explained the
difference between the committee substitute and the bill as
filed. Senator Shapleigh moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Shapleigh moved that SCR 2 do not pass but that CSSCR 2 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 Ellis
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; 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 129,
SB 573, SB 170, SB 431, SB 317 and SCR 2.
Pursuant to a motion in writing, unanimous consent was requested
and granted for Senator Shapiro to be shown voting aye on SB
573, SB 170, SB 431, SB 317 and SCR 2.
Pursuant to a motion in writing, unanimous consent was requested
and granted for Senator Barrientos to be shown voting aye on SB
573, SB 170, SB 431, SB 317 and SCR 2.
There being no further business, at 9:26 a.m. Senator Staples
moved that the Committee be recessed. Without objection, it was
so ordered.
_____________________________
Senator Todd Staples, Chair
_____________________________
Patricia Gajda, Clerk