MINUTES
SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY
Wednesday, May 11, 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, May
11, 2005, in the Capitol Extension, Room E1.016, at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Todd Staples Senator Frank Madla
Senator Gonzalo Barrientos Senator Florence Shapiro
Senator Kim Brimer
Senator Rodney Ellis
Senator Jon Lindsay
Senator Eliot Shapleigh
Senator Jeff Wentworth
*****
The chair called the meeting to order at 10:02 a.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 2659 and recognized the Senate sponsor,
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. The chair moved that HB 2659 be
left pending; without objection, it was so ordered.
The chair laid out HB 1645 and recognized the Senate sponsor,
Senator Eltife, 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 1645 be
left pending; without objection, it was so ordered.
The chair laid out HB 1339 and recognized Senator Lindsay, in
the absence of the Senate sponsor, Senator Barrientos, 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. 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 1339 be left pending; without objection, it
was so ordered.
The chair laid out HB 1814 and recognized Senator Lindsay, in
the absence of the Senate sponsor, Senator Barrientos, 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 HB 1814 be left pending;
without objection, it was so ordered.
At 10:17 a.m. Senator Lindsay assumed the chair.
The chair laid out HB 55 and recognized Senator Brimer, in the
absence of the Senate sponsor, Senator Harris, 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 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 HB 55
and the committee substitute be left pending; without objection,
it was so ordered.
At 10:21 a.m. Senator Staples resumed the chair.
The chair laid out HB 805 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, Senator Carona, 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 805 be left pending; without objection, it
was so ordered.
The chair laid out HB 468 and recognized Senator Brimer, in the
absence of the Senate sponsor, Senator Jackson, 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 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 HB
468 and the committee substitute be left pending; without
objection, it was so ordered.
The chair laid out HB 1735 and recognized the Senate sponsor,
Senator Wentworth, 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 1735 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. 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 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. The chair moved that HB
160, the committee substitute and committee amendment 1 be left
pending; without objection, it was so ordered.
At 10:34 a.m. Senator Wentworth assumed the chair.
The chair laid out HB 962 and recognized the Senate sponsor,
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. The chair moved that HB 962 be
left pending; without objection, it was so ordered.
The chair laid out HB 1350 and recognized the Senate sponsor,
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. The chair moved that HB 1350 be
left pending; without objection, it was so ordered.
At 10:39 a.m. Senator Staples resumed the chair.
The chair laid out HB 754 and recognized Senator Brimer, in the
absence of the Senate sponsor, Senator Fraser, 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 engrossed. Senator Brimer
sent up committee amendment 1 and Senator Fraser explained the
amendment. The chair moved that HB 754, the committee substitute
and committee amendment 1 be left pending; without objection, it
was so ordered.
At 10:47 a.m. there being a quorum present, the clerk called the
roll.
Senator Barrientos moved adoption of the minutes from the
previous hearing held on May 4, 2005; without objection, it was
so ordered.
The chair laid out HB 1136 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, Senator Whitmire, 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 1136 be left pending; without objection, it
was so ordered.
The chair laid out as pending business HB 55 and the previously
laid out committee substitute. Senator Brimer moved adoption of
the substitute; without objection, it was so ordered. Senator
Brimer moved that HB 55 do not pass but that CSHB 55 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, 1
nay, 0 present not voting, and 2 absent.
The chair laid out HB 341 and recognized the Senate sponsor,
Senator Armbrister, 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 341 be
left pending; without objection, it was so ordered.
The chair laid out HB 2921 and recognized the Senate sponsor,
Senator Averitt, to explain the bill.
At 11:13 a.m. Senator Barrientos assumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 11:16 a.m. Senator Staples resumed the chair.
The chair moved that the public testimony be closed; without
objection, it was so ordered. The chair moved that HB 2921 be
left pending; without objection, it was so ordered.
The chair laid out as pending business HB 754. Senator Brimer
withdrew committee amendment 1. Senator Brimer sent up
committee amendment 1a and explained the amendment. Senator
Brimer requested unanimous consent to roll the amendment into a
committee substitute; without objection, it was so ordered.
Senator Brimer then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator Brimer
moved that HB 754 do not pass but that CSHB 754 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 as pending business HB 341. Senator Wentworth
moved that HB 341 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 Wentworth moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
The chair laid out as pending business HB 468 and the previously
laid out committee substitute. Senator Brimer moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Brimer moved that HB 468 do not pass but that CSHB 468
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 as pending business HB 805. Senator
Barrientos moved that HB 805 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 Barrientos moved that the
bill be recommended for placement on the local & uncontested
calendar; without objection, it was so ordered.
The chair laid out as pending business HB 962. Senator
Barrientos moved that HB 962 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 Barrientos moved that the
bill be recommended for placement on the local & uncontested
calendar; without objection, it was so ordered.
The chair laid out as pending business HB 1136. Senator Ellis
moved that HB 1136 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.
Senator Ellis requested unanimous consent to be shown voting aye
on HB 55; without objection, it was so ordered.
The chair laid out as pending business HB 1339 and the
previously laid out committee substitute. Senator Barrientos
moved adoption of the substitute; without objection, it was so
ordered. Senator Barrientos moved that HB 1339 do not pass but
that CSHB 1339 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 Barrientos moved that the bill be
recommended for placement on the local & uncontested calendar;
without objection, it was so ordered.
The chair laid out as pending business HB 1350. Senator
Barrientos moved that HB 1350 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 Barrientos moved that
the bill be recommended for placement on the local & uncontested
calendar; without objection, it was so ordered.
The chair laid out as pending business HB 1645. Senator
Barrientos moved that HB 1645 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 Barrientos moved that
the bill be recommended for placement on the local & uncontested
calendar; without objection, it was so ordered.
The chair laid out as pending business HB 1735. Senator
Wentworth moved that HB 1735 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 Wentworth moved that the bill
be recommended for placement on the local & uncontested
calendar; without objection, it was so ordered.
The chair laid out as pending business HB 1814. Senator
Barrientos moved that HB 1814 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 Barrientos moved that
the bill be recommended for placement on the local and
uncontested calendar; without objection, it was so ordered.
The chair laid out as pending business HB 2659. Senator Lindsay
moved that HB 2659 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 Lindsay moved that the bill be
recommended for placement on the local and uncontested calendar;
without objection, it was so ordered.
The chair laid out as pending business HB 2921 and the
previously laid out committee substitute. Senator Barrientos
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Barrientos moved that HB 2921 do not
pass but that CSHB 2921 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 Barrientos moved that the bill be
recommended for placement on the local and uncontested calendar;
without objection, it was so ordered.
The chair laid out as pending business HB 160, the committee
substitute and committee amendment 1. Senator Wentworth sent up
committee amendment 2 and explained the amendment. The chair
moved that HB 160, the committee substitute and committee
amendments 1 and 2 be left pending; without objection, it was so
ordered.
The chair laid out as pending business HB 540 and the committee
substitute. Senator Lindsay moved adoption of the committee
substitute that was laid out at the committee's April 27th
hearing; without objection, it was so ordered. Senator Lindsay
moved that HB 540 do not pass but that CSHB 540 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 Lindsay moved
that the bill be recommended for placement on the local &
uncontested calendar; without objection, it was so ordered.
The chair laid out as pending business HB 874 and the committee
substitute. Senator Wentworth moved adoption of the committee
substitute that was previously laid out at the committee's April
27th hearing; without objection, it was so ordered. Senator
Wentworth moved that HB 874 do not pass but that CSHB 874 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
Wentworth moved that the bill be recommended for placement on
the local & uncontested calendar; without objection, it was so
ordered.
The chair laid out as pending business HB 160, the committee
substitute and committee amendments 1 and 2. Senator Wentworth
moved adoption of previously laid out committee amendment 2;
without objection, the amendment was adopted. Senator Wentworth
moved adoption of committee amendment 1; without objection, it
was so ordered. Senator Wentworth requested unanimous consent
to roll the amendments into a committee substitute; without
objection, it was so ordered. Senator Wentworth then moved that
the committee substitute be adopted; without objection, it was
so ordered. Senator Wentworth moved that HB 160 do not pass but
that CSHB 160 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 Wentworth 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, unanimous consent was granted
for Senator Shapleigh to be shown voting aye on HB 341, HB 468,
HB 754, HB 805, HB 962, HB 1136, HB 1339, HB 1350, HB 1645, HB
1735, HB 1814, HB 2659, HB 2921, HB 160. These votes have been
included in each bill's final total. With a quorum no longer
present, the rest of his motion in writing votes could not be
granted unanimous consent.
There being no further business, at 11:34 a.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