MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 24, 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 Thursday, April 24, 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
*****
The Chairman called the meeting to order at 9:27 a.m. with
Senator Jackson in the chair. There being a quorum present, the
following business was transacted:
The Chairman laid out HB 802 and recognized the Senate sponsor,
Senator Harris, 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 802 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Williams moved that
HB 802 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 Williams moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chairman advised that no action would be taken on SB 256,
SJR 42 and SJR 47.
The Chairman laid out SB 1176 and recognized the author, Senator
Harris, to explain the bill. Senator Armbrister sent up a
proposed committee substitute, and Committee Amendment 1; they
were explained by Senator Harris, although they were not
adopted. Witnesses testifying and registering on the bill are
shown on the attached list. At 10:15 a.m. Senator Fraser
assumed the chair. Upon completion of public testimony, the
Chairman moved that public testimony be closed; without
objection, it was so ordered. The Chairman then moved that SB
1176 be left pending; without objection, it was so ordered.
At 10:57 a.m. the Chairman moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 3:15 p.m. the committee reconvened.
The Chairman laid out SB 1326 and recognized the author, Senator
Carona. Senator Fraser sent up a committee substitute; Senator
Carona explained the difference between the committee substitute
and the bill as filed. The Chairman moved that SB 1326 be left
pending for 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.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Lucio moved that SB 1326 do not pass
but that CSSB 1326 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 moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chairman laid out SB 113 and recognized the author, Senator
Van de Putte, to explain the bill. The witness registering on
the bill is shown on the attached list. Senator Van de Putte
sent up a committee substitute and explained the difference
between the committee substitute and the bill as filed. The
Chairman moved that SB 113 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Van de Putte moved adoption of the committee substitute;
without objection, it was so ordered. Senator Van de Putte then
moved that SB 113 do not pass but that CSSB 113 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 laid out HB 850 and recognized Senator Van de
Putte, in the absence of the Senate sponsor, to explain the
bill. Witnesses testifying 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 that HB 850 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Van de Putte moved that HB 850 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 Van de Putte moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out HB 1625 and recognized the Senate sponsor,
Senator Williams, to explain the bill. There were not witnesses
testifying or registering on the bill. Senator Williams moved
that HB 1625 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 Williams moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chairman laid out SB 1039, pending in committee, 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. Senator Van de Putte moved adoption of the committee
substitute; without objection, it was so ordered. Senator Van
de Putte moved that SB 1039 do not pass but that CSSB 1039 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 laid out HB 44 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. There were no
witnesses testifying or registering on the bill. The Chairman
moved that the bill be left pending for a quorum; without
objection, it was so ordered. Upon the arrival of a quorum,
Senator Armbrister moved that HB 44 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 1257 and recognized the author, Senator
Armbrister. Senator Armbrister sent up a committee substitute
and explained the difference between the substitute and the bill
as filed. Witnesses testifying 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 1257 be left pending; without objection, it was so
ordered.
The Chairman laid out SB 1606, pending in committee. Senator
Fraser sent up a committee substitute and, in the absence of the
author, explained the difference between the substitute and the
bill as filed. Senator Lucio moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Fraser moved that SB 1606 do not pass but that CSSB 1606 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.
The Chairman laid out HB 804, pending in committee. In the
absence of the Senate sponsor, Senator Fraser explained
Committee Amendment 1. Senator Averitt moved adoption of
Committee Amendment 1; without objection, it was so ordered.
Senator Averitt requested unanimous consent to roll the
amendment into a committee substitute; without objection, it was
so ordered. Senator Averitt then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Averitt moved that HB 804 do not pass but that CSHB 804
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 7 ayes, 2 nays, 0 present not voting, and 0 absent.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by: Senator Van de
Putte on HB 44; Senator Williams on HB 44, CSHB 804, CSSB 1039
and CSSB 1606; Senator Averitt on HB 802, HB 850, HB 1625, CSSB
113, CSSB 1039 and CSSB 1326; Senator Armbrister on HB 802, HB
850, HB 1625, CSSB 113, and CSSB 1039; Senator Brimer on HB 802,
HB 850, HB 1625, CSSB 113, CSSB 1039, and CSSB 1326; and Senator
Jackson on CSSB 1039, CSSB 1326 and CSSB 1606. Without
objection, it was so ordered. These votes are reflected in the
final votes of the aforementioned bills.
There being no further business, at 4:40 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