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