MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, April 8, 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, April 8, 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 9:07 a.m. There being a quorum present, the following business was transacted: The Chairman laid out SB 876 and recognized the author, Senator Duncan, to explain the bill. Witnesses 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 Averitt moved that SB 876 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out SB 252 and recognized the author, Senator Staples. Senator Fraser 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 Fraser moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 252 do not pass but that CSSB 252 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. The Chairman laid out SB 1013 and recognized the author, Senator Staples. Senator Fraser 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 Fraser moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 1013 do not pass but that CSSB 1013 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out SB 1577 and recognized the author, Senator Carona, to explain the bill. Senator Averitt assumed the chair and called for public testimony to begin. 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 1577 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. The Chairman laid out SB 1578 and recognized the author, Senator Carona. Senator Lucio sent up a committee substitute; Senator Carona explained the difference between the committee substitute and the bill as filed. Witnesses 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 Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that SB 1578 do not pass but that CSSB 1578 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 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 1526 and recognized the author, Senator Brimer. Senator Brimer sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Witnesses testifying 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 adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB 1526 do not pass but that CSSB 1526 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. Senator Jackson assumed the chair, laid out SB 1430 and recognized the author, Senator Averitt. Senator Averitt sent up a committee substitute and 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. The Chairman moved that SB 1430 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt then moved that SB 1430 do not pass but that CSSB 1430 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. The Chairman laid out SB 1666 and recognized the author, Senator Averitt, 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. The Chairman moved that SB 1666 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved that SB 1666 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out SB 256 and recognized the author, Senator Harris. Senator Harris advised that he wished to leave the bill pending to work out differences between the parties. The Chairman then moved that the bill would be left pending; without objection, it was so ordered. The Chairman laid out SB 1667 and recognized the author, Senator Averitt. Senator Jackson sent up a committee substitute; Senator Averitt 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 Jackson moved that SB 1667 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt then moved that SB 1667 do not pass but that CSSB 1667 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out SB 1668 and recognized the author, Senator Averitt. Senator Jackson sent up a committee substitute; Senator Averitt 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. The Chairman moved that SB 1668 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt then moved that SB 1668 do not pass but that CSSB 1668 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 10:50 a.m. the Chairman moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. At 1:30 p.m. the committee reconvened. Chairman Fraser read Motions in Writing requesting unanimous consent to be shown voting aye submitted by: Senator Lucio on CSSB 1526; Senator Williams on SB 876; Senator Jackson on CSSB 252, CSSB 1013, CSSB 1430, SB 1577, CSSB 1578, SB 1666 and CSSB 1667; Senator Brimer on SB 876, CSSB 1430, SB 1666, CSSB 1667, and CSSB 1668; Senator Van de Putte on CSSB 252, SB 876, CSSB 1013, CSSB 1526, SB 1577 and CSSB 1578; Senator Armbrister on CSSB 1430, SB 1666, CSSB 1667 and CSSB 1668. Without objection, it was so ordered. Senator Williams assumed the chair and read a Motion in Writing requesting unanimous consent to be shown voting aye submitted by Senator Fraser on SB 1577; CSSB 1526 and CSSB 1578. Without objection, it was so ordered. These votes are included in the final votes as shown on the aforementioned bills. Senator Fraser resumed the chair, laid out SJR 42 and recognized the author, Senator Carona, to explain the bill. Senator Carona discussed a proposed substitute, although it was not adopted. The Chairman advised that public testimony would be heard but that the bill would be left pending until a later hearing, at the request of the author. 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 then moved that the bill be left pending; without objection, it was so ordered. Senator Brimer assumed the chair, laid out SJR 47 and recognized the author, Senator Fraser, to explain the bill. Witnesses 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 Chairman then moved that the bill be left pending; without objection, it was so ordered. Senator Fraser resumed the chair, laid out SB 75, SB 77 and SB 78, and explained the bills in the absence of the author. All three bills were laid out for the convenience of witnesses wishing to testify on each of the bills. Witnesses testifying and registering on the bills are shown on the attached list. The Chairman moved that the public testimony be closed; without objection, it was so ordered. Chairman Fraser moved that SB 75, SB 77 and SB 78 be left pending; without objection, it was so ordered. There being no further business, at 4:05 p.m. the Chairman 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