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