MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 3, 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 Thursday, April 3, 2003, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Tommy Williams
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
*****
Chairman Fraser called the meeting to order at 9:06 a.m. There
being a quorum present, the following business was transacted:
The Chairman laid out SB 1454 and recognized the author, Senator
Carona, to explain the bill. Susan Tennyson, representing the
Texas Department of Health, testified on the bill. The Chairman
moved that the public testimony be closed; without objection, it
was so ordered. Chairman Fraser moved that SB 1454 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Lucio moved that SB 1454 be
reported favorably 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
Lucio moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chairman laid out SB 909 and recognized the author, Senator
Lucio, 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 Lucio moved that SB 909
be reported favorably 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 1238 and recognized the author, Senator
Lucio, 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 Lucio moved that SB 1238
be reported favorably 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 Lucio moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senator Brimer assumed the chair, laid out SB 1281 and
recognized the author, Senator Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Brimer moved that SB 1281 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Fraser moved that SB 1281 be
reported favorably 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
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, laid out SB 731 and recognized
the author, Senator Brimer, 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 Brimer moved that
SB 731 be left pending; without objection, it was so ordered.
The Chairman laid out SB 1070 and recognized Senator Brimer, in
the absence of the author, to explain the bill. Johanna
McCully-Bonner, representing Texas Workforce Commission,
testified on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered.
Chairman Fraser moved that SB 1070 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Brimer moved that SB 1070 be reported favorably
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 Brimer moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out SB 1071 and recognized Senator Brimer, in
the absence of the author, to explain the bill. Tom Henson,
representing Texas Workforce Commission, registered on the bill
but did not testify. The Chairman moved that the public
testimony be closed; without objection, it was so ordered.
Chairman Fraser moved that SB 1071 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Brimer moved that SB 1071 be reported favorably
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 Brimer moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out SB 1072 and recognized Senator Brimer, in
the absence of the author, to explain the bill. Johanna
McCully-Bonner, representing Texas Workforce Commission,
testified on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that SB 1072 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that SB 1072 be reported favorably 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 Jackson moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 9:50 a.m. Chairman Fraser moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 12:07 p.m. the committee reconvened.
The Chairman laid out SB 422 and recognized the author, Senator
Bivins. Senator Armbrister sent up a committee substitute and
Senator Bivins explained the difference between the committee
substitute and the bill as filed. Jerry Dike, representing
Texas Department of Transportation, registered on the bill but
did not testify. Senator Armbrister sent up Committee Amendment
1 to the proposed committee substitute and moved adoption;
without objection, the amendment was adopted. Senator
Armbrister requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Armbrister then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Armbrister moved that SB 422 do not pass but that CSSB
422 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 Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chairman laid out SB 521 and recognized the author, Senator
Staples. Senator Armbrister sent up a committee substitute;
Senator Staples 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 Armbrister moved adoption
of the committee substitute; without objection, it was so
ordered. Senator Armbrister moved that SB 521 do not pass but
that CSSB 521 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 read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by Senator Armbrister
on SB 1454, SB 1238 and SB 909; Senator Jackson on SB 1070, SB
1071 and SB 422; Senator Van de Putte on SB 1454, SB 1238 and SB
909; Senator Lucio on SB 422, SB 1070, SB 1071, SB 0172, SB 1281
and SB 521; Senator Averitt on SB 909, SB 1238, SB 1454, SB 422,
SB 521, SB 1070, SB 1071, SB 1072 and SB 1281. Without
objection, it was so ordered. These votes are included in the
final votes as shown on the aforementioned bills.
There being no further business, at 1:12 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