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