MINUTES SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY Wednesday, April 27, 2005 8:00 p.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 27, 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 8:05 a.m. The following business was transacted: The chair laid out HB 749 and recognized Jason Skaggs, Legislative Aide to Senator Duncan, in the absence of the Senate sponsor, Senator Duncan, to explain the bill. Senator Brimer sent up a committee substitute; the chair recognized Jason Skaggs, Legislative Aide to Senator Duncan, to explain the difference between the committee substitute and the bill as engrossed. Senator Brimer 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 explained proposed committee amendment 1; committee amendment 1 was not officially sent up. The chair moved that CSHB 749 and proposed committee amendment 1 be left pending; without objection, it was so ordered. The chair laid out SB 1818 and recognized the author, Senator Janek, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the bill as engrossed. 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. The chair moved that SB 1818 and the committee substitute be left pending; without objection, it was so ordered. The chair laid out SB 499 and recognized the author, Senator West, to explain the bill. Senator Shapleigh sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as engrossed. Senator Shapleigh 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. The chair moved that CSSB 874 be left pending; without objection, it was so ordered. The chair laid out HB 874 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as engrossed. Senator Wentworth 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. The chair moved that CSHB 874 be left pending; without objection, it was so ordered. The chair laid out HB 540 and recognized the Senate sponsor, 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 engrossed. 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. The chair moved that CSHB 540 be left pending; without objection, it was so ordered. The chair laid out HB 160 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. With no one present wishing to register or testify, the chair moved that the public testimony be closed; without objection, it was so ordered. The chair moved that HB 160 be left pending; without objection, it was so ordered. The chair laid out HB 87 and recognized Senator Wentworth, in the absence of the Senate sponsor, 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. The chair moved that HB 87 be left pending; without objection, it was so ordered. The chair laid out SB 696 and recognized Senator Wentworth, in the absence of the author, Senator Ogden, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Wentworth 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. The chair moved that CSSB 696 be left pending; without objection, it was so ordered. The chair laid out SB 1699 and recognized Senator Brimer, in the absence of the author, Senator Averitt, to explain the bill. At 9:00 a.m. there being a quorum present the clerk called the roll. Senator Lindsay moved adoption of the minutes from the previous hearing held on April 20, 2005; without objection, it was so ordered. Witnesses testifying and registering on the bill, SB 1699, are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. 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. The chair moved that CSSB 1699 be left pending; without objection, it was so ordered. At 9:05 a.m. Senator Wentworth assumed the chair. The chair laid out SB 322 as pending business and recognized the author, Senator Staples, to explain the bill. Senator Staples made a motion to reconsider the adoption of the committee substitute at the committee's March 30th hearing; without objection, the motion was adopted. Senator Staples withdrew the March 30th committee substitute. 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. The chair moved that CSSB 322 be left pending; without objection, it was so ordered. The chair laid out SB 1073 as pending business and recognized the author, Senator Staples, to explain the bill. Senator Staples made a motion to reconsider the adoption of committee amendment 1 at the committee's March 30th hearing; without objection, the motion was adopted. Senator Staples withdrew the March 30th committee amendment 1. 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. The chair moved that CSSB 1073 be left pending; without objection, it was so ordered. The chair laid out SB 1706 as pending business 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. The following amendments are drafted to the proposed committee substitute. The chair recognized Senator Staples on committee amendment 1. Senator Staples sent up committee amendment 1 and explained the amendment. Senator Staples moved adoption; without objection, the amendment was adopted. The chair recognized Senator Staples on committee amendment 2. Senator Staples sent up 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 sent up committee amendment 3 and explained the amendment. Senator Staples moved that committee amendment 3 be left pending; without objection, it was so ordered. At 9:31 a.m. Senator Barrientos assumed the chair. The chair recognized Senator Wentworth on committee amendment 4. Senator Wentworth sent up committee amendment 4 and explained the amendment. Senator Wentworth moved that committee amendment 4 be left pending; without objection, it was so ordered. Resource witness testimony only was heard. At 9:54 a.m. Senator Barrientos moved that the committee stand recessed until subject to the call of the chair; without objection, it was so ordered. At 3:34 p.m., upon adjournment of the Senate, Senator Staples reconvened the committee hearing. The chair recognized Senator Brimer on committee amendment 5. Senator Brimer, sent up committee amendment 5 and explained the amendment. The chair moved that committee amendment 5 be left pending; without objection, it was so ordered. At 3:37 p.m. Senator Brimer assumed the chair. The chair recognized Senator Staples on committee amendment 6. Senator Staples, in the absence of the author of the amendment Senator Shapiro, sent up committee amendment 6 and explained the amendment. The chair moved that committee amendment 6 be left pending; without objection, it was so ordered. The chair recognized Senator Staples on committee amendment 7. Senator Staples, in the absence of the author of the amendment, Senator Shapleigh, sent up committee amendment 7 and explained the amendment. The chair moved that committee amendment 7 be left pending; without objection, it was so ordered. At 3:41 p.m. Senator Barrientos assumed the chair. The chair recognized Senator Brimer on committee amendment 8. Senator Brimer, in the absence of the author of the amendment, Senator Lindsay, sent up committee amendment 8 and explained the amendment. Resource witness testimony only was heard. The chair moved that committee amendment 8 be left pending; without objection, it was so ordered. The chair recognized Senator Brimer on committee amendment 9. Senator Brimer, in the absence of the author of the amendment, Senator Lindsay, sent up committee amendment 9 and explained the amendment. Resource witness testimony only was heard. The chair moved that committee amendment 9 be left pending; without objection, it was so ordered. The chair withdrew the previously sent up committee amendment 4. The chair recognized Senator Brimer on committee amendment 4a. Senator Brimer, in the absence of the author of the amendment, Senator Wentworth, sent up committee amendment 4a and explained the amendment. Public testimony was opened only for people wishing to register or testify on committee amendment 4a. The chair moved that the public testimony on committee amendment 4a be closed; without objection, it was so ordered. The chair moved that committee amendment 4a be left pending; without objection, it was so ordered. Senator Staples moved that SB 1706, the committee substitute and committee amendments 3, 4a, 5, 6, 7, 8 and 9 that were sent up today be left pending; without objection, it was so ordered. At 4:21 p.m. Senator Staples resumed the chair. The chair announced a tentative meeting for tomorrow, Thursday, April 28th upon adjournment of the Senate to vote on some of the bills from today's posting, at his Senate chamber desk. If the meeting is to occur, the senate posting rules will be suspended and Chairman Staples will make an announcement on the Senate floor. There being no further business, at 4:24 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