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