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