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