MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, April 20, 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 20, 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:
The chair laid out SB 1089 as pending business and recognized
the author, Senator Madla, to explain the bill. Senator Madla
sent up a committee substitute; the chair recognized Senator
Madla to explain the difference between the committee substitute
and the bill as filed. Senator Staples moved that SB 1089 and
the substitute be left pending; without objection, it was so
ordered.
The chair laid out SCR 15 and recognized the author, Senator
Janek, 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 SCR 15 be left pending;
without objection, it was so ordered
The chair laid out HB 364 and recognized the Senate sponsor,
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 reported from the House. 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 HB 364
and the substitute be left pending; without objection, it was so
ordered.
The chair laid out HB 372 and recognized the Senate sponsor,
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 reported from the House. 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 HB 372
and the substitute be left pending; without objection, it was so
ordered.
At 8:14 a.m. Senator Madla assumed the chair.
The chair laid out SCR 10 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 Madla moved that SCR 10
be left pending; without objection, it was so ordered.
The chair laid out SB 1713 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 Madla moved that SB 1713
be left pending; without objection, it was so ordered.
The chair laid out HB 747 and recognized the Senate sponsor,
Senator Staples, to explain the bill. Senator Staples sent up
committee amendment 1 and explained the amendment. 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
HB 747 and committee amendment 1 be left pending; without
objection, it was so ordered.
The chair laid out SB 1375 and recognized the author, Senator
Staples, to explain the bill.
At 8:24 a.m. Senator Shapiro assumed the chair.
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 Shapiro moved
that SB 1375 and the substitute be left pending; without
objection, it was so ordered.
The chair laid out CSSB 433, as pending business, and recognized
the author, Senator Wentworth, to explain the bill.
At 8:45 a.m. Senator Staples resumed the chair.
The pending committee substitute to SB 433 was drafted from two
amendments and a previous substitute that were rolled into a new
substitute and adopted at the committee's April 13, 2005
hearing. Senator Wentworth sent up committee amendment 1 and
explained the amendment. Senator Staples moved that the
previously adopted CSSB 1375 and committee amendment 1 be left
pending; without objection, it was so ordered.
At 8:51 a.m. Senator Brimer assumed the chair.
The chair laid out SB 1706, as pending business, and recognized
the author, Senator Staples, to explain the bill. Amendments
1-13 were laid out, but not adopted at the committee's April 13,
2005 hearing.
Senator Staples sent up committee amendment 14 and explained the
amendment. Senator Staples sent up committee amendment 14 to
replace amendment 1 that was previously laid out.
Senator Staples sent up committee amendment 15 and explained the
amendment. Senator Staples sent up committee amendment 15 to
replace amendment 4 that was previously laid out.
Senator Staples sent up committee amendment 16 and explained the
amendment. Senator Staples sent up committee amendment 16 to
replace amendment 6 that was previously laid out.
Senator Staples sent up committee amendment 17 and explained the
amendment.
Senator Staples sent up committee amendment 18 and explained the
amendment.
Senator Staples sent up committee amendment 19 and explained the
amendment.
Senator Staples sent up committee amendment 20 and explained the
amendment.
Senator Staples sent up committee amendment 21 and explained the
amendment.
Senator Staples sent up committee amendment 22 and explained the
amendment.
Senator Staples sent up committee amendment 23 and explained the
amendment.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth sent up committee amendment 24, in the absence
of the amendment's author, Senator Lindsay, and explained the
amendment.
Senator Wentworth sent up committee amendment 25, in the absence
of the amendment's author, Senator Lindsay, and explained the
amendment.
Senator Wentworth sent up committee amendment 26, in the absence
of the amendment's author, Senator Lindsay, and explained the
amendment.
Senator Shapleigh sent up committee amendment 27 and explained
the amendment.
Senator Shapiro sent up committee amendment 28 and explained the
amendment. Senator Shapiro sent up committee amendment 28 to
replace amendment 13 that was previously laid out.
Another witness registering but not wishing to testify on SB
1706 was read into the record.
Senator Brimer moved that SB 1706 and all amendments be left
pending; without objection, it was so ordered.
At 9:28 a.m. Senator Barrientos assumed the chair.
At 9:31 a.m. there being a quorum present the clerk called the
roll.
Senator Shapleigh moved adoption of the minutes from the
previous hearings held on April 6, 2005, April 13, 2005, and
April 14, 2005; without objection, it was so ordered.
Two more resource witnesses for SB 1706 were read into the
record.
At 9:33 a.m. Senator Barrientos moved that the committee stand
recessed subject to the call of the chair; without objection, it
was so ordered. Senator Barrientos announced there would be a
meeting to vote on some bills either today, Wednesday, upon
adjournment or Thursday.
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 SB 433, SB 642, SB 1089, SB 1713, SCR 10,
SCR 15, HB 364, HB 372 and HB 747; the motion was adopted.
At 12:59 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 433 as pending business. An amendment
was previously sent up by Senator Wentworth, Senator Staples
moved adoption of the amendment; without objection, the
amendment was adopted. Senator Staples requested unanimous
consent to roll the amendment into the previously adopted
substitute to create a new committee substitute; without
objection, it was so ordered. Senator Wentworth then moved that
the new committee substitute be adopted; without objection, it
was so ordered. Senator Wentworth moved that SB 433 do not pass
but that CSSB 433 be reported back 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 Wentworth 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 as pending business and recognized
Senator Staples, in the absence of the author, to explain the
bill. Senator Brimer sent up the committee substitute, Senator
Brimer moved adoption of the committee substitute; without
objection, it was so ordered. Senator Brimer moved that SB 1089
do not pass but that CSSB 1089 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 Brimer moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
SCR 15, at the request of the author, was left pending; no
action was taken on the bill.
The chair laid out HB 364 as pending business. A substitute was
previously sent up by Senator Brimer, Senator Brimer moved
adoption of the substitute; without objection, the substitute
was adopted. Senator Brimer moved that HB 364 do not pass but
that CSHB 364 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 Brimer moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
The chair laid out HB 372 as pending business. A substitute was
previously sent up by Senator Brimer, Senator Brimer moved
adoption of the substitute; without objection, the substitute
was adopted. Senator Brimer moved that HB 372 do not pass but
that CSHB 372 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 Brimer moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
The chair laid out CSSB 642 as pending business; a substitute
was previously adopted at the committee's April 13, 2005
hearing. Senator Shapleigh moved that HB 642 do not pass but
that CSHB 642 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.
The chair laid out HB 747 as pending business. Senator Staples
pulled down amendment 1 that had been previously laid out on
this bill.
At 12:43 p.m. Senator Brimer assumed the chair.
Senator Brimer sent up a committee substitute to HB 747; the
chair recognized Senator Staples to explain the difference
between the committee substitute and the bill as reported from
the house. Senator Brimer moved that HB 747 do not pass but
that CSHB 747 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 Shapiro moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
The chair laid out SB 1713 as pending business. Senator Staples
moved that SB 1713 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, 0 nay, 0 present not
voting, and 3 absent.
The chair laid out SCR 10, as pending business. Senator Staples
moved that SCR 10 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, 0 nay, 0 present not
voting, and 3 absent. Senator Shapiro moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
At 12:46 p.m. Senator Staples resumed the chair.
There being no further business, at 12:48 p.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