MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 10, 2003
8:00 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 10, 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 8:15 a.m. There
being a quorum present, the following business was transacted:
The Chairman advised that SB 1647 would not be heard and would
be left pending.
The Chairman laid out SB 732 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 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 732 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Fraser moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Fraser then moved that SB 732 do not pass but that CSSB
732 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.
After the vote, Senator Brimer advised the committee that he
would not accept any amendments to CSSB 732.
The Chairman laid out SB 770 and recognized the author, Senator
Madla, to explain the bill. Senator Averitt assumed the chair
and called for public testimony to begin. At 9:58 the Chairman
moved that the committee stand recessed until 15 minutes after
adjournment of the Senate and that testimony on SB 770 would be
resumed at that time. Without objection, it was so ordered.
At 1:00 p.m. the committee reconvened with Senator Fraser in the
chair and testimony on SB 770 continued. At 1:22 p.m. Senator
Brimer 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. The Chairman then moved that SB 770 be left
pending; without objection, it was so ordered.
Senator Van de Putte assumed the chair, laid out SB 1775 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 committee substitute
and the bill as filed. Senator Brimer then sent up Committee
Amendment 1 to the committee substitute. 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 1775
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Estes moved that
Committee Amendment 1 be adopted; without objection, it was so
ordered. Senator Estes requested unanimous consent to roll the
amendment into a committee substitute; without objection, it was
so ordered. Senator Estes then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Estes moved that SB 1775 do not pass but that CSSB 1775
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
Estes moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chairman laid out SB 646 and recognized the author, Senator
Wentworth, to explain the bill. The witness registering on the
bill is shown on the attached list. The Chairman moved that the
public testimony be closed; without objection, it was so
ordered. Senator Van de Putte moved that SB 646 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Armbrister moved that SB 646 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
Armbrister 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 1803 and
recognized the author, Senator Duncan, 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
Armbrister moved that SB 1803 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 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 381 and recognized the author, Senator
Armbrister. Senator Armbrister sent up a committee substitute
and 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.
Chairman Fraser moved that SB 381 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Armbrister moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Armbrister then moved that SB 381 do not pass but that CSSB 381
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 Lucio assumed the chair, laid out SB 1251 and recognized
the author, Senator Armbrister, 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. The Chairman moved that SB 1251
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that SB 1251 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 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 1380 and recognized the author, Senator
Armbrister. Senator Armbrister 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 1380 be left pending at
the request of the author; without objection, it was so ordered.
The Chairman laid out SB 1261 and recognized the author, Senator
Armbrister. Senator Armbrister sent up a committee substitute
and explained the difference between the committee substitute
and the bill as filed. The witness registering on the bill is
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 1261 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Armbrister moved adoption of the committee substitute;
without objection, it was so ordered. Senator Armbrister then
moved that SB 1261 do not pass but that CSSB 1261 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 1829 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. Senator Averitt sent up Committee Amendment
1 and Committee Amendment 2. Senator Fraser resumed 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 Averitt then moved that
Committee Amendment 1 be adopted; without objection, the
amendment was adopted. Senator Averitt moved that Committee
Amendment 2 be adopted; without objection, the amendment was
adopted. Senator Averitt requested unanimous consent to roll
the amendments into a committee substitute; without objection,
it was so ordered. Senator Averitt then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Averitt moved that SB 1829 do not pass but
that CSSB 1829 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. Before requesting unanimous consent for
placement on the Local and Uncontested Calendar, Senator Averitt
advised the committee that he would not accept any amendments to
CSSB 1829. Senator Averitt then moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by: Senator Lucio on
SB 1803; Senator Williams on SB 646, CSSB 732, SB 1251, CSSB
1775, SB 1803, and CSSB 1829; Senator Averitt on SB 646, CSSB
732 and SB 1803; Senator Jackson on CSSB 381, CSSB 732, SB
1251, CSSB 1261, CSSB 1775 and CSSB 1829; Senator Armbrister on
SB 646, CSSB 732, CSSB 1775 and SB 1803. Without objection, it
was so ordered.
There being no further business, at 2:45 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