MINUTES SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY Friday, April 22, 2005 8:30 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 Friday, April 22, 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 8:39 a.m. and the clerk called the roll. There being a quorum present, the following business was transacted: The chair laid out SCR 15, as pending business. Senator Ellis moved that SCR 15 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 Ellis moved that the bill be recommended for placement on the local & uncontested calendar; without objection, it was so ordered. The chair laid out CSSB 24, as pending business. Senator Staples explained the differences between the bill as filed, the original substitute and the new substitute that was passed out. Senator Staples motioned to reconsider the adoption of the original substitute from the committee's April 13, 2005 hearing; no objection being heard the motion was adopted. The original substitute was pulled down. Senator Shapleigh sent up a new committee substitute to SB 24. Senator Shapleigh moved adoption of the committee substitute; without objection, it was so ordered. Senator Shapleigh moved that SB 24 do not pass but that CSSB 24 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 began discussion on the amendments 1-28 to SB 1706, that were previously laid out at the committee's April 13, 2005 hearing. The chair sent up as pending business committee amendment 1 and explained the amendment. The chair moved adoption; without objection, the amendment was adopted. The chair motioned to reconsider the adoption of committee amendment 1; without objection the motion was adopted. The chair withdrew committee amendment 1. The chair sent up as pending business committee amendment 14 and explained the amendment. The chair sent up committee amendment 14 to replace committee amendment 1 that was previously laid out. The chair moved adoption of committee amendment 14; without objection, the amendment was adopted. At 8:52 a.m. Senator Shapiro assumed the chair. The chair laid out, as pending business, SB 1706 and recognized the author, Senator Staples, to explain the bill. Senator Staples motioned to reconsider the adoption of committee amendment 14 from today's committee hearing; without objection the motion was adopted. Senator Staples sent up as pending business committee amendment 14. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 2. Senator Staples sent up as pending business committee amendment 2 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 3. Senator Staples withdrew committee amendment 3; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 1. Senator Staples withdrew committee amendment 1; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 4. Senator Staples withdrew committee amendment 4; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 5. Senator Staples sent up as pending business committee amendment 5 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 6. Senator Staples withdrew committee amendment 6; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 7. Senator Staples withdrew committee amendment 7; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 8. Senator Staples withdrew committee amendment 8; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 9. Senator Staples sent up as pending business committee amendment 9 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 10. Senator Staples sent up as pending business committee amendment 10 and explained the amendment. Senator Shapiro moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 11. Senator Staples sent up as pending business committee amendment 11 and explained the amendment. Senator Shapiro moved adoption; without objection, the amendment was adopted. At 9:04 a.m. Senator Staples resumed the chair. The chair recognized Senator Shapiro on committee amendment 12. Senator Shapiro sent up as pending business committee amendment 12 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Shapiro on committee amendment 13. Senator Shapiro withdrew committee amendment 13; without objection, the amendment was withdrawn. At 9:05 a.m. Senator Shapiro assumed the chair. Committee amendment 14 was previously adopted. The chair recognized Senator Staples on committee amendment 15. Senator Staples sent up as pending business committee amendment 15 and explained the amendment. Senator Staples moved adoption; without objection, committee amendment 15 was adopted. Senator Staples sent up committee amendment 15 to replace committee amendment 4 that was previously laid out and withdrawn. The chair recognized Senator Staples on committee amendment 16. Senator Staples sent up as pending business committee amendment 16 and explained the amendment. Senator Shapiro moved adoption; without objection, the amendment was adopted. Senator Staples sent up committee amendment 16 to replace committee amendment 6 that was previously laid out and withdrawn. The chair recognized Senator Staples on committee amendment 17. Senator Staples sent up as pending business committee amendment 17 and explained the amendment. Senator Shapiro moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 18. Senator Staples withdrew committee amendment 18; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 19. Senator Staples withdrew committee amendment 19; without objection, the amendment was withdrawn. The chair recognized Senator Staples on committee amendment 20. Senator Staples sent up as pending business committee amendment 20 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 21. Senator Staples withdrew committee amendments 21, 22 and 23; without objection, the amendments were withdrawn. The chair recognized Senator Lindsay on committee amendment 24. Senator Lindsay sent up as pending business committee amendment 24 and explained the amendment. The chair moved that committee amendment 24 be left pending; without objection, it was so ordered. The chair recognized Senator Lindsay on committee amendment 25. Senator Lindsay sent up as pending business committee amendment 25 and explained the amendment. Senator Lindsay withdrew committee amendment 25; without objection, the amendment is withdrawn. The chair recognized Senator Lindsay on committee amendment 26. Senator Lindsay sent up as pending business committee amendment 26 and explained the amendment. Senator Staples moved that committee amendment 26 be left pending; without objection, it was so ordered. At 9:29 a.m. Senator Staples resumed the chair. At 9:30 a.m. Senator Staples moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. At 1:24 p.m. the committee reconvened. Pursuant to a motion in writing, unanimous consent was granted for Senator Wentworth to be shown voting aye on SCR 15. This vote has been included in the bill's final vote total. At 1:25 p.m. Senator Shapiro assumed the chair. The chair recognized Senator Staples on committee amendment 27 by Senator Shapleigh. Senator Staples sent up as pending business committee amendment 27 by Senator Shapleigh and explained the amendment. Senator Shapiro moved adoption; without objection, the amendment was adopted. The chair recognized Senator Lindsay on committee amendment 26. Senator Lindsay pulled down/withdrew committee amendment 26; without objection, the amendment was withdrawn. The chair recognized Senator Lindsay on committee amendment 26a. Senator Lindsay sent up committee amendment 26a and explained the amendment. Senator Shapiro moved adoption; without objection, the amendment was adopted. At 1:29 p.m. Senator Staples resumed the chair. The chair recognized Senator Shapiro on committee amendment 28. Senator Shapiro withdrew committee amendment 28; without objection, the amendment was withdrawn. At 1:30 p.m. Senator Shapiro assumed the chair. The chair recognized Senator Staples on committee amendment 29. Senator Staples sent up committee amendment 29 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 30. Senator Staples sent up committee amendment 30 and explained the amendment. Testimony opened to resource witnesses only. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 31. The chair sent up committee amendment 31 and Senator Staples explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 32. Senator Staples sent up committee amendment 32 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 33. Senator Staples sent up committee amendment 33 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 34. Senator Staples sent up committee amendment 34 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. At 1:58 p.m. Senator Staples resumed the chair. The chair recognized Senator Shapiro on committee amendment 35. Senator Shapiro sent up committee amendment 35 and explained the amendment. Senator Shapiro withdrew committee amendment 35 temporarily; without objection, the amendment was withdrawn. At 2:22 p.m. Senator Shapiro assumed the chair. The chair recognized Senator Staples on committee amendment 36. Senator Staples sent up committee amendment 36 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Lindsay on committee amendment 37. Senator Lindsay sent up committee amendment 37 and explained the amendment. At 2:24 p.m. Senator Staples resumed the chair. Senator Staples moved that committee amendment 37 be left pending; without objection, it was so ordered. There being no further business, at 2:28 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