MINUTES 
                                           
              SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY 
                             Wednesday, March 30, 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 30, 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 8:02 a.m. The following  
         business was transacted: 
          
         At 8:03 a.m. Senator Madla assumed the chair.   
          
         The chair laid out SB 11 and recognized the author, Senator  
         Staples, to explain the bill. Senator Staples sent up a  
         committee substitute; the chair recognized Senator Staples to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Madla 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 Madla moved that  
         CSSB 11 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 11 do not pass  
         but that CSSB 11 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, 0 nay, 0 present not  
         voting, and 2 absent.   
          
         At 8:23 a.m. Senator Staples resumed the chair.  
  
         There being a quorum present at 8:23 a.m. the clerk called the  
         roll.  
          
         Senator Madla moved adoption of the minutes from the previous  
         hearings held on March 9, 2005, and March 21, 2005; without  
         objection, it was so ordered.   
          
         The chair laid out SB 250 and recognized the author, Senator  
         West, 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 Staples moved that SB 250 be left pending;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Ellis moved that SB 250 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 6 ayes, 1 nay, 0  
         present not voting, and 2 absent.  Senator Ellis moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; pursuant to Senator Wentworth's motion in writing to  
         be shown voting nay, the bill will not be placed on Local &  
         Uncontested Calendar. 
          
         The chair laid out SB 1060 and recognized the author, Senator  
         Whitmire, to explain the bill.   
         Senator Barrientos sent up a committee substitute; the chair  
         recognized Senator Whitmire to explain the difference between  
         the committee substitute and the bill as filed.  Senator Ellis  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.   Committee amendment 1 was laid out and  
         explained by the author of the bill, Senator Whitmire. 
          
         At 8:50 a.m. Senator Barrientos assumed the chair.   
          
         At 8:57 a.m. Senator Staples resumed the chair.   
          
         Senator Wentworth sent up committee amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
         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 that SB 1060 be left pending to await a quorum; without  
         objection, it was so ordered.  Senator Shapleigh requested  
         unanimous consent to incorporate the amendment into the  
         committee substitute; without objection, it was so ordered.   
         Senator Shapleigh then moved that the new committee substitute  
         be adopted; without objection, it was so ordered.  Senator Ellis  
         moved that SB 1060 do not pass but that CSSB 1060 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, 0  
         nay, 0 present not voting, and 2 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 SB 1061 and recognized the author, Senator  
  
         Whitmire, 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 Staples moved that SB  
         1061 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Shapleigh  
         sent up committee amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Shapleigh  
         requested unanimous consent to roll the amendment 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 1061 do not pass but that CSSB 1061 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, 0 nay, 0 present not voting, and 2 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 SB 1062 and recognized the author, Senator  
         Whitmire, to explain the bill.  Senator Ellis sent up a  
         committee substitute; the chair recognized Senator Whitmire to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Staples 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 Staples moved  
         that CSSB 1062 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Ellis moved that SB 1062 do not pass but that CSSB 1062 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, 0 nay, 0 present not voting, and 2 absent.  Senator Ellis  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 338 and recognized the author, Senator  
         Carona, 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 Staples moved that SB 338  
         be left pending to await a quorum; without objection, it was so  
         ordered. Upon arrival of a quorum, Senator Barrientos moved that  
         CSSB 338 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 2 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 637 and recognized the author, Senator  
         Lindsay, to explain the bill.  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 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 Staples moved  
         that CSSB 637 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Lindsay moved that SB 637 do not pass but that CSSB 637 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
         ayes, 0 nay, 0 present not voting, and 3 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 SB 678 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Shapleigh sent up a  
         committee substitute; the chair recognized Senator Van de Putte  
         to explain the difference between the committee substitute and  
         the bill as filed.  Senator Shapleigh sent up committee  
         amendment 1. Senator Staples moved adoption; without objection,  
         the amendment was adopted. Senator Staples moved that SB 678 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples requested  
         unanimous consent to roll the amendment into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Staples then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Ellis moved that  
         SB 678 do not pass but that CSSB 678 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, 0 nay, 0  
         present not voting, and 2 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 SB 821 and recognized the author, Senator  
         Lindsay, to explain the bill.   
          
         At 9:57 a.m. Senator Barrientos 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 moved that SB 821 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 Lindsay moved that SB  
         821 be reported favorably to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 7 ayes, 0 nay, 0 present not voting, and 2  
         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 SB 866 and recognized the author, Senator  
         Staples, 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 SB  
         866 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 866 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 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 1073 and recognized the author, Senator  
         Staples, to explain the bill.  Senator Staples sent up committee  
         amendment 1. Senator Barrientos moved adoption; without  
         objection, the amendment was adopted.  Senator Barrientos moved  
         that SB 1073 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum Senator  
         Staples, as chair, moved that SB 1073 be left pending.   
          
         The chair laid out SB 322 and recognized the author, Senator  
         Staples, to explain the bill. Senator Staples sent up a  
         committee substitute; the chair recognized Senator Staples to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Barrientos 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 CSSB 1062 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 Staples moved that CSSB  
         322 be left pending; without objection, it was so ordered.   
          
         At 10:55 a.m. Senator Staples resumed the chair.   
          
         Pursuant to a motion in writing, unanimous consent was granted  
         for Senator Madla to be shown voting aye on SB 11, SB 250, SB  
         338, SB 637, SB 678, SB 821, SB 866, SB 1060, SB 1061 and SB  
         1062.  These votes have been included in each bill's final vote  
         total. 
          
         Pursuant to a motion in writing, unanimous consent was granted  
         for Senator Wentworth to be shown voting aye on SB 11, SB 338,  
         SB 678, SB 821, SB 866, SB 1060, SB 1061 and SB 1062 and to be  
         shown voting nay on SB 250. These votes have been included in  
         each bill's final vote total. 
          
         There being no further business, at 11:06 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