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