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