MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Tuesday, March 25, 2003 
                                     9:00 a.m. 
                      Betty King Committee Hearing Room, 2E.20 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Business &  
         Commerce was held on Tuesday, March 25, 2003, in the Betty King  
         Committee Hearing Room, 2E.20, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Chairman           None 
         Senator Kip Averitt, Vice Chairman 
         Senator Kenneth Armbrister 
         Senator Kim Brimer 
         Senator Craig Estes 
         Senator Mike Jackson 
         Senator Eddie Lucio, Jr. 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         Chairman Fraser called the meeting to order at 9:04 a.m.  There  
         being a quorum present, the following business was transacted:   
          
         The Chairman laid out SB 1090 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Lucio sent up a committee  
         substitute; Senator Carona explained the difference between the  
         committee substitute and the bill as filed.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The Chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Lucio moved  
         adoption of the committee substitute;  without objection, it was  
         so ordered.  Senator Lucio moved that SB 1090 do not pass but  
         that CSSB 1090 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 Jackson later moved that the vote  
         on CSSB 1090 be reconsidered; without objection, it was so  
         ordered. The motion carried with a record vote of 8 ayes, 1 nay,  
         0 present not voting, and 0 absent.   
          
         The Chairman laid out SB 533, pending in committee,  and  
         recognized the author, Senator Carona.  Chairman Fraser advised  
         that a committee substitute had been laid out in the previous  
  
         hearing, and moved adoption of the committee substitute; without  
         objection the substitute was adopted.  Senator Brimer moved that  
         SB 533 do not pass but that CSSB 533 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.   
          
         The Chairman laid out SB 580 and recognized the author, Senator  
         Jackson, to explain the bill.   Witnesses registering for the  
         bill, but not testifying, are shown on the attached list.   
         Senator Jackson moved that SB 580 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 Jackson moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The Chairman laid out SB 996 and recognized the author, Senator  
         Williams, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         Chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Williams moved that SB  
         996 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 Chairman laid out SB 351 and recognized Senator Brimer, in  
         the absence of the author, to explain the bill.  Senator Brimer  
         sent up a committee substitute and explained the difference  
         between the substitute and the bill as filed.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The Chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  The Chairman moved that  
         SB 351 be left pending; without objection, it was so ordered.   
          
         At 10:08 a.m. Senator Armbrister assumed the chair, laid out SB  
         1280 and recognized the author, Senator Fraser, to explain the  
         bill.  The Chairman called Chairman Becky Klein, Public Utility  
         Commission, to respond to members' questions concerning the  
         bill. 
          
         Senator Fraser resumed the chair and read Motions in Writing  
         submitted by Senator Williams requesting unanimous consent to be  
         shown voting aye on SB 774; Senator Averitt voting aye on SB  
         1090; Senator Armbrister voting aye on SB 580, CSSB 533, and  
         CSSB 1090; and Senator Van de Putte voting aye on CSSB 533, SB  
         774, SB 996 and CSSB 1090.  Without objection, it was so  
         ordered. 
          
         At 10:58 a.m. the Chairman moved that the committee stand  
         recessed until 15 minutes after adjournment of the Senate, and  
  
         that testimony on SB 1280 would continue at that time.  Without  
         objection, it was so ordered. 
          
         At 2:05 p.m. the committee reconvened with Senator Averitt in  
         the chair.  Public testimony on SB 1280  continued.  At 3:15  
         p.m. Senator Estes assumed the chair.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         Chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Fraser moved that SB 1280  
         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 Fraser moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         Senator Fraser resumed the chair.  There being no further  
         business, at 3:40 p.m. Chairman Fraser moved that the Committee  
         stand recessed subject to the call of the chairman.  Without  
         objection, it was so ordered.   
          
         __________________________ 
         Senator Troy Fraser, Chairman 
          
         __________________________ 
         Barbara Henderson, Clerk