MINUTES SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY Wednesday, April 6, 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, April 6, 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 8:03 a.m. The following business was transacted: At 8:04 a.m. Senator Shapleigh assumed the chair. The chair laid out SB 619 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. 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 619 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 adoption of the committee substitute; without objection, it was so ordered. Senator Barrientos moved that SB 619 do not pass but that CSSB 619 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. At 8:09 a.m. Senator Staples resumed the chair. The chair laid out SB 1131 and recognized the author, Senator Hinojosa, to explain the bill. Senator Lindsay sent up a committee substitute; the chair recognized Senator Hinojosa 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. With no one present wishing to register or testify, the chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples moved that CSSB 1131 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Barrientos moved that SB 1131 do not pass but that CSSB 1131 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 1089 and recognized the author, Senator Madla, 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 1089 be left pending; without objection, it was so ordered. At 8:16 a.m. Senator Madla assumed the chair. The chair laid out SB 9 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 Staples moved adoption of the committee substitute; without objection, it was so ordered. Senator Staples sent up committee amendment 1. Witnesses testifying and registering on the bill are shown on the attached list. At 8:39 a.m. Senator Barrientos assumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples moved that CSSB 9 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 adoption of committee amendment 1; without objection, the amendment was adopted. Senator Barrientos requested unanimous consent to incorporate the 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 Barrientos moved that SB 9 do not pass but that CSSB 9 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 8:59 a.m. Senator Staples resumed the chair. There being a quorum present at 9:00 a.m. the clerk called the roll. Senator Barrientos moved adoption of the minutes from the previous hearing held on March 30, 2005; without objection, it was so ordered. The chair laid out SB 755 and recognized the author, Senator Shapleigh, 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 755 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum Senator Shapleigh moved that SB 755 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 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 802 and recognized the author, Senator Barrientos, to explain the bill. 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 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 802 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Barrientos moved that SB 802 do not pass but that CSSB 802 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, 1 present not voting, and 1 absent. Senator Shapleigh 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, Senator Wentworth requested unanimous consent to be voting nay on CSSB 802, with an objection heard, the request was denied; as a result he is recorded as absent. The chair laid out SB 1251 and recognized the author, Senator Brimer, 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 Brimer moved adoption of the committee substitute; without objection, it was so ordered. At 10:02 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. At 10:08 a.m. Senator Staples resumed the chair. Senator Staples moved that SB 1251 be left pending; without objection, it was so ordered. The chair laid out SB 1257 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 Lindsay 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 1257 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lindsay moved that SB 1257 do not pass but that CSSB 1257 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 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 1258 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 Staples moved that SB 1258 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lindsay moved that SB 1258 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 SB 1384 and recognized the author, Senator Shapiro, to explain the bill. Senator Shapiro sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the bill as filed. Senator Shapiro moved adoption of the committee substitute; without objection, it was so ordered. Senator Staples moved that CSSB 1384 be left pending; without objection, it was so ordered. At 10:29 a.m. Senator Barrientos assumed the chair. The chair laid out SB 867 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 867 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 867 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 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 1074 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 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 Barrientos moved that CSSB 1074 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 1074 do not pass but that CSSB 1074 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 10:43 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 9, SB 619, SB 755, SB 802, SB 867, SB 1074, SB 1131, SB 1257, SB 1258 and SB 1384. 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 9, SB 619, SB 755, SB 1074, SB 1131, SB 1257, SB 1258 and SB 1384. These votes have been included in each bill's final vote total. Pursuant to a motion in writing, unanimous consent was granted for Senator Brimer to be shown voting aye on SB 9. This vote has been included in the bill's total. At 10:59 a.m. Senator Staples moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. Senator Staples made a motion on the senate floor to suspend the senate posting rules to be allowed to meet at his desk upon adjournment to vote on CSSB 1384; the motion was adopted. At 2:49 p.m., pursuant to the suspension of the 24 hour posting rules, the committee reconvened in the Senate Chamber at Chairman Staples' desk. There being a quorum present the clerk called the roll. The chair laid out CSSB 1384, as pending business, and recognized the author, Senator Shapiro, to explain the bill. The committee substitute for SB 1384 having been previously adopted, Senator Shapiro moved that SB 1384 do not pass but that CSSB 1384 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 Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There being no further business, at 2:50 p.m. Senator Staples moved that the committee be adjourned. Without objection, it was so ordered. _____________________________ Senator Todd Staples, Chair _____________________________ Patricia Gajda, Clerk