MINUTES SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY Friday, May 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 Friday, May 20, 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 Kim Brimer Senator Rodney Ellis Senator Jon Lindsay Senator Florence Shapiro Senator Eliot Shapleigh Senator Jeff Wentworth ***** The chair called the meeting to order at 8:10 a.m. The following business was transacted: The chair laid out HB 599 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. 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 599 and the committee substitute be left pending; without objection, it was so ordered. The chair laid out HB 600 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 600 be left pending; without objection, it was so ordered. The chair laid out HB 1481 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. With no witness cards turned in and no one present wishing to register or testify on the bill, the chair moved that public testimony be closed; without objection, it was so ordered. The chair laid out HB 2139 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 2139 be left pending; without objection, it was so ordered. The chair laid out SB 298 and recognized the author, 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 SB 298 be left pending; without objection, it was so ordered. The chair laid out HB 2239 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. Senator Lindsay sent up a committee substitute; the chair recognized Senator Van de Putte 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 2239 and the committee substitute be left pending; without objection, it was so ordered. The chair laid out HB 2071 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. With no witness cards turned in and no one present wishing to register or testify on the bill, the chair moved public testimony be closed; without objection, it was so ordered. The chair moved that HB 2071 be left pending; without objection, it was so ordered. The chair laid out HB 988 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. Senator Barrientos sent up a committee substitute; the chair recognized Senator Lucio, Jr. 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 988 and the committee substitute be left pending; without objection, it was so ordered. At 8:54 a.m. Senator Barrientos assumed the chair. The chair laid out HB 2704 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 2704 be left pending; without objection, it was so ordered. The chair laid out HB 2652 and recognized the Senate sponsor, 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 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 2652 and the committee substitute be left pending; without objection, it was so ordered. At 9:01 a.m. Senator Staples resumed the chair. The chair laid out HB 2300 and recognized Senator Ellis, 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 2300 be left pending; without objection, it was so ordered. The chair laid out HB 1584 and recognized Senator Ellis, 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 1584 be left pending; without objection, it was so ordered. The chair laid out HB 1816 and recognized Senator Barrientos, in the absence of the Senate sponsor, Senator Shapiro, 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 Barrientos sent up committee amendment 1 and explained the amendment. The chair moved that HB 1816 and committee amendment 1 be left pending; without objection, it was so ordered. The chair laid out HB 366 and recognized the Senate sponsor, Senator Zaffirini, 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 366 be left pending; without objection, it was so ordered. The chair laid out HB 183 and recognized the Senate sponsor, Senator Zaffirini, 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 183 be left pending; without objection, it was so ordered. At 9:21 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 16, 2005; without objection, it was so ordered. The chair laid out HB 1925 and recognized the Senate sponsor, Senator Brimer, to explain the bill. At 9:23 a.m. Senator Barrientos assumed the chair. 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 1925 be left pending; without objection, it was so ordered. The chair laid out HB 3425 and recognized the Senate sponsor, Senator Brimer, to explain the bill. With no witness cards turned in and no one present wishing to register or testify on the bill, the chair moved that public testimony be closed; without objection, it was so ordered. The chair moved that HB 3425 be left pending; without objection, it was so ordered. The chair laid out HB 1789 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 1789 be left pending; without objection, it was so ordered. The chair laid out HB 2495 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 2495 be left pending; without objection, it was so ordered. The chair laid out HB 2955 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Senator Shapleigh 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. Senator Shapleigh moved adoption of the committee substitute; without objection, it was so ordered. The chair moved that CSHB 2955 be left pending; without objection, it was so ordered. At 9:34 a.m. Senator Staples resumed the chair. The chair laid out HB 3129 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. 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 3129 and the committee substitute be left pending; without objection, it was so ordered. The chair laid out HB 3111 and recognized Senator Barrientos, in the absence of the Senate sponsor, Senator Janek, to explain the bill. With no witness cards turned in and no one present wishing to register or testify on the bill, the chair moved public testimony be closed; without objection, it was so ordered. The chair moved that HB 3111 be left pending; without objection, it was so ordered. At 9:46 a.m. Senator Barrientos assumed the chair. The chair laid out HB 3115 and recognized the Senate sponsor, 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 engrossed. With no witness cards turned in and no one present wishing to register or testify on the bill, the chair moved public testimony be closed; without objection, it was so ordered. The chair moved that HB 3115 and the committee substitute be left pending; without objection, it was so ordered. At 9:50 a.m. the chairman announced that the committee would stand at ease for 10 minutes. At 10:08 a.m. the committee reconvened. The chair laid out as pending business HB 988. Senator Barrientos moved adoption of the committee substitute; without objection, it was so ordered. Senator Barrientos moved that HB 988 do not pass but that CSHB 988 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 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 1584. Senator Ellis moved that HB 1584 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 Ellis 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 1789. Senator Ellis moved that HB 1789 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 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 1816. Senator Barrientos moved adoption of committee amendment 1; without objection, the amendment was adopted. Senator Barrientos moved that HB 1816, as amended, 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 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 1925. Senator Brimer moved that HB 1925 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 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 2071. Senator Barrientos moved that HB 2071 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 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 2139. Senator Ellis moved that HB 2139 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 Ellis 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 2239. Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered. Senator Ellis moved that HB 2239 do not pass but that CSHB 2239 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 Ellis 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 2300. Senator Ellis moved that HB 2300 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 Ellis 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 2495. Senator Lindsay moved that HB 2495 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 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 2652. Senator Barrientos moved adoption of the committee substitute; without objection, it was so ordered. Senator Barrientos moved that HB 2652 do not pass but that CSHB 2652 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 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 2704. Senator Barrientos moved that HB 2704 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 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 CSHB 2955. Senator Lindsay moved that HB 2955 do not pass but that CSHB 2955 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 3111. Senator Barrientos moved that HB 3111 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 4 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 3425. Senator Brimer moved that HB 3425 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 4 absent. Senator Brimer moved that the bill be recommended for placement on the local & uncontested calendar; without objection, it was so ordered. There being no further business, at 10:29 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