MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Tuesday, April 22, 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 22, 2003, in the Betty King  
         Committee Hearing Room, 2E.20, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Chairman           Senator Kenneth  
                                                 Armbrister 
         Senator Kip Averitt, Vice Chairman 
         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 9:12 a.m.  There  
         being a quorum present, the following business was transacted:   
          
         The Chairman laid out SB 981 and recognized the author, Senator  
         Brimer, 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 981 be  
         left pending; without objection, it was so ordered.   
          
         The Chairman laid out SB 376 and recognized the author, Senator  
         Lindsay, 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.  Chairman Fraser moved that SB 376 be left pending;  
         without objection, it was so ordered.   
          
         The Chairman laid out SB 789 and recognized the author, Senator  
         Lindsay.  Senator Lindsay explained a proposed substitute,  
         although it was not adopted.  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 789 be  
  
         left pending; without objection, it was so ordered.   
          
         The Chairman laid out HB 1819 and recognized the Senate sponsor,  
         Senator Lucio, 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 HB 1819  
         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 Lucio moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chairman laid out HB 1820 and recognized the Senate sponsor,  
         Senator Lucio, 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 HB 1820  
         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 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 1273 and recognized Senator Brimer, in  
         the absence of the author, 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 Brimer sent up  
         Committee Amendment 1 and Committee Amendment 2.  The Chairman  
         moved that SB 1273 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Brimer moved adoption of Committee Amendment 1; without  
         objection the amendment was adopted.  Senator Brimer moved  
         adoption of Committee Amendment 2; without objection, the  
         amendment was adopted.  Senator Brimer then moved that the  
         amendments be rolled into a committee substitute; without  
         objection, it was so ordered.  Senator Brimer moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Brimer moved that SB 1273 do not pass but that  
         CSSB 1273 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 6 ayes, 0 nay, 0 present not voting, and 3  
         absent.   
          
         The Chairman laid out SB 1318 and recognized the author, Senator  
         Van de Putte, 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 the bill  
         be left pending for revisions until sometime after adjournment  
         of 
  
         the Senate; without objection, it was so ordered.  Upon  
         completion of the revisions, Senator Van de Putte sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Van de Putte requested unanimous  
         consent to roll the amendment into a committee substitute;  
         without objection, it was so ordered.  Senator Van de Putte then  
         moved that the committee substitute be adopted; without  
         objection, it was so ordered.  Senator Van de Putte moved that  
         SB 1318 do not pass but that CSSB 1318 be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 6 ayes, 0 nay, 0  
         present not voting, and 3 absent.  Senator Van de Putte moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         At 10:57 a.m. the Chairman moved that the committee stand  
         recessed until 30 minutes after adjournment of the Senate;  
         without objection, it was so ordered.   
          
         At 2:37 p.m. the committee reconvened.   
          
         The Chairman laid out SB 1436 and recognized the author, Senator  
         Staples.  Senator Staples explained a proposed committee  
         substitute, although it was not adopted.  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.  Chairman Fraser moved that SB  
         1436 be left pending; without objection, it was so ordered.   
          
         The Chairman laid out HB 1369 and recognized the Senate sponsor,  
         Senator Brimer, to explain the bill.  The witness registering on  
         the bill is shown on the attached list.  Senator Brimer moved  
         that HB 1369 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.  Senator Brimer moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.  
          
         The Chairman laid out HB 804 and recognized the Senate sponsor,  
         Senator Lindsay, 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 HB 804 be  
         left pending; without objection, it was so ordered.   
          
         The Chairman read Motions in Writing requesting unanimous  
         consent to be shown voting aye submitted by the following  
         members:  Senator Lucio on HB 1369, CSSB 1273, and CSSB 1318;  
         Senator Williams on HB 1819 and HB 1820; Senator Van de Putte on  
         HB 1819 and HB 1820; and Senator Averitt on HB 1819 and HB 1820.   
         Without objection it was so ordered.  These votes are reflected  
         in the final votes on the aforementioned bills. 
          
                                    SENATE COMMITTEE ON BUSINESS & COMMERCE 
                                                                    Minutes 
                                                    Tuesday, April 22, 2003 
                                                                      page   4 
                                                                            
         There being no further business, at 3:45 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