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