MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, April 15, 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 15, 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 9:02 a.m. There being a quorum present, the following business was transacted: The Chairman announced that SB 1380 would be considered as pending business and the bill would be brought up later on during the hearing. The Chairman laid out SB 1605 and explained the bill in the absence of the author, Senator Ellis. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ellis arrived and requested that a committee substitute be sent up. Senator Averitt sent up the committee substitute and Senator Ellis explained the difference between the committee substitute and the bill as filed. Senator Fraser moved that SB 1605 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that the committee substitute be adopted; without objection, it was ordered. Senator Armbrister then moved that SB 1605 do not pass but that CSSB 1605 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 1606 and recognized the author, Senator Ellis, 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 1606 be left pending; without objection, it was so ordered. The Chairman laid out SB 1647, pending in committee, and recognized the author, Senator Staples, 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 1647 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 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 1380, pending in committee, 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. Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that SB 1380 do not pass but that CSSB 1380 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 1429 and recognized the author, Senator Averitt. Senator Averitt moved that SB 1429 be left pending; without objection, it was so ordered. The Chairman laid out SB 1039 and recognized the author, Senator Van de Putte. Senator Van de Putte 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. Senator Williams assumed the chair while testimony was in progress. The Chairman moved that the public testimony be closed; without objection, it was so ordered. The Chairman moved that SB 1039 be left pending; without objection, it was so ordered. The Chairman laid out SB 1347 and recognized the author, Senator Jackson, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Fraser resumed the chair and moved that the public testimony be closed; without objection, it was so ordered. Senator Jackson moved that SB 1347 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out SB 1211 and recognized the author, Senator Van de Putte. Senator Van de Putte 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. Senator Van de Putte moved adoption of the committee substitute; without objection, it was so ordered. Senator Van de Putte moved that SB 1211 do not pass but that CSSB 1211 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 Van de Putte 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 Van de Putte on CSSB 1605; Senator Williams on CSSB 1605 and SB 1647; Senator Brimer on CSSB 1605 and SB 1647; Senator Armbrister on SB 1347 and CSSB 1211; Senator Lucio on SB 1347 and CSSB 1211; Senator Estes on SB 1347 and CSSB 1211; Senator Averitt on SB 1347 and CSSB 1211; and Senator Jackson on CSSB 1605, SB 1647 and CSSB 1380. There being no objection, it was so ordered. These votes are included in the final votes on the aforementioned bills. There being no further business, at 10:57 a.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