MINUTES

 

SENATE COMMITTEE ON TRANSPORTATION AND HOMELAND SECURITY

Wednesday, April 18, 2007

7:30 a.m.

Capitol Extension, Room E1.016

 

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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 18, 2007, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator John Carona

Senator Kirk Watson

Senator Robert Nichols

Senator Jeff Wentworth

Senator Tommy Williams

 

None

 

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The chair called the meeting to order at 7:30 a.m.  There being a quorum present, the following business was transacted: 

 

The following members arrived after the roll was called: 

Senator Kim Brimer

Senator Rodney Ellis

Senator Florence Shapiro

Senator Eliot Shapleigh

 

The chair laid out SB 1268 and recognized the author, Senator Nichols, 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 Nichols moved that SB 1268 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1632 and recognized the author, 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 senate 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. 

 

Senator Wentworth moved that SB 1632 do not pass but that CSSB 1632 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 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 HB 178 and recognized Senator Watson, in the absence of the Senate sponsor, 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 Watson moved that HB 178 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 513 and recognized the author, Senator Harris, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the senate bill as filed.  Senator Watson 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 laid out SB 1617 and recognized the author, Senator Harris, to explain the bill. 

 

Senator Brimer sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the senate bill as filed.  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 Brimer moved that SB 1617 do not pass but that CSSB 1617 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 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 SB 1360 and recognized Senator Wentworth, in the absence of the author, 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 Watson moved that SB 1360 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 504 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

Individuals 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 Wentworth moved that HB 504 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 8:14 a.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1929 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  The chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona 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. 

 

At 8:26 a.m. Senator Brimer assumed the chair. 

 

At 8:34 a.m. Senator Watson assumed the chair. 

 

At 9:51 a.m. Senator Brimer assumed the chair. 

 

Senator Carona moved that SB 1929 be left pending until after recess; without objection, it was so ordered. 

 

At 10:00 a.m. Senator Carona resumed the chair. 

 

At 10:01 a.m. The chair moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 2:45 p.m. the committee reconvened. 

 

The chair laid out SB 1040 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

The chair sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate bill as filed.  The chair 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 Watson moved that SB 1040 do not pass but that CSSB 1040 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 2:57 p.m. Senator Brimer assumed the chair. 

 

The chair laid out SB 1929 as pending business. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Carona moved that SB 1929 be left pending; without objection, it was so ordered. 

 

At 3:44 p.m. Senator Carona resumed the chair. 

 

The chair laid out SB 1451 and recognized the author, Senator Ellis, 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 Ellis moved that SB 1451 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 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 HB 1892 and recognized the Senate sponsor, Senator Williams, to explain the bill. 

 

Senator Williams sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house bill as engrossed. 

 

Senator Williams sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Williams sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator Williams sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. 

 

Senator Brimer sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. 

 

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 Williams sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. 

 

Senator Shapiro sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. 

 

The chair sent up Committee Amendment 7 and moved adoption; without objection, the amendment was adopted. 

 

Senator Williams requested unanimous consent to incorporate the seven amendments into the committee substitute; without objection, it was so ordered.  Senator Williams then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Williams moved that HB 1892 do not pass but that CSHB 1892 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 4:50 p.m. Senator Williams assumed the chair. 

 

The chair laid out HB 313 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Individuals 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 Carona moved that HB 313 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 4:53 p.m. Senator Watson assumed the chair. 

 

The chair laid out HB 423 and recognized 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. 

 

Senator Carona moved that HB 423 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 481 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Individuals 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 Carona moved that HB 481 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:02 p.m. Senator Carona assumed the chair. 

 

The chair moved that the committee stand at ease until 5:15 p.m.; without objection, it was so ordered.

 

The chair laid out SB 959 as pending business. 

 

Senator Shapleigh moved that SB 959 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1044 as pending business. 

 

The chair sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Shapiro moved that SB 1044 do not pass but that CSSB 1044 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1127 as pending business.

 

Senator Williams moved that SB 1127 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1888 as pending business. 

 

Senator Shapleigh sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Shapleigh moved that SB 1888 do not pass but that CSSB 1888 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 798 as pending business. 

 

Senator Watson sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Watson moved that SB 798 do not pass but that CSSB 798 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 1 present not voting, and 0 absent. 

 

The chair laid out SB 876 as pending business and recognized the author, Senator Seliger, to explain the bill. 

 

The chair sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the senate bill as filed.  The chair moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Williams moved that SB 876 do not pass but that CSSB 876 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1260 as pending business and recognized the author, Senator Seliger, to explain the bill. 

 

The chair sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the senate bill as filed.  The chair moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Ellis moved that SB 1260 do not pass but that CSSB 1260 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 1 nay, 0 present not voting, and 0 absent. 

 

The chair laid out SB 1251 as pending business. 

 

Senator Watson moved that SB 1251 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, 2 nays, 0 present not voting, and 0 absent. 

 

The chair laid out SB 1252 as pending business. 

 

The chair sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Watson moved that SB 1252 do not pass but that CSSB 1252 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

At 5:44 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 1786 as pending business and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 1786 do not pass but that CSSB 1786 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 731 as pending business and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 731 do not pass but that CSSB 731 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1118 as pending business

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered.  and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved that SB 1118 do not pass but that CSSB 1118 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1208 as pending business and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Carona moved that SB 1208 do not pass but that CSSB 1208 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1373 as pending business and recognized the author, Senator Carona, to explain the bill. 

 

Amendment 1 was previously adopted.  Senator Nichols sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator Carona sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house bill as engrossed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Nichols requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Carona then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that SB 1373 do not pass but that CSSB 1373 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SJR 46 as pending business and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed. 

 

The chair moved that public testimony on the bill be re-opened; 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 substitute was withdrawn without objection.

 

Senator Carona moved that SJR 46 be left pending; without objection, it was so ordered. 

 

The chair laid out SJR 64 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Carona moved that SJR 64 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 733 and recognized the Senate sponsor, Senator Carona, to explain the bill. 

 

Senator Wentworth sent up Committee Amendment 1 and moved adoption.  The motion carried with a record vote of 5 ayes, 4 nays, 0 present not voting, and 0 absent. 

 

Senator Carona requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Carona then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that HB 733 do not pass but that CSHB 733 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

At 6:10 p.m. Senator Carona resumed the chair. 

 

There being no further business, at 6:11 p.m. The chair moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

_____________________________

Senator John Carona, Chair

 

 

_____________________________

John W. Webb, Clerk