MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, April 29, 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 29, 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 9:03 a.m. with Senator Averitt in the chair. There being a quorum present, the following business was transacted: The Chairman laid out SB 1278 and recognized the author, Senator Armbrister, to explain the bill. The witness testifying on the bill is 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 1278 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that SB 1278 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 2 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 HB 1531 and recognized the Senate sponsor, Senator Armbrister, 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 1531 be left pending; without objection, it was so ordered. The Chairman announced that no action would be taken on SB 256 and SB 675. Senator Armbrister assumed the chair, laid out HB 1307 and recognized the Senate sponsor, Senator Averitt, 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 1307 be left pending; without objection, it was so ordered. The Chairman laid out SB 1429, pending in committee, and recognized the author, Senator Averitt. Senator Averitt 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 Averitt sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 new committee substitute be adopted; without objection, it was so ordered. Senator Averitt moved that SB 1429 do not pass but that CSSB 1429 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, 0 nay, 0 present not voting, and 2 absent. Senator Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out HB 543 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 543 be left pending; without objection, it was so ordered. Senator Armbrister assumed the chair, laid out SB 581 and recognized the author, Senator Jackson. Senator Jackson sent up a committee substitute and explained the difference between the committee 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 581 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB 581 do not pass but that CSSB 581 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 4 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 92 and recognized the author, Senator West, to explain the bill. Senator Estes sent up a committee substitute; Senator West 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. The Chairman moved that SB 92 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB 92 do not pass but that CSSB 92 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 4 absent. At 10:39 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 5:40 p.m. the committee reconvened. Senator Averitt assumed the chair and read a Motion in Writing requesting unanimous consent to be shown voting aye submitted by Senator Fraser on SB 1278 and CSSB 1429. Without objection, it was so ordered. These votes are reflected in the final votes on the aforementioned bills. Senator Fraser resumed the chair, laid out SB 1519 and recognized the author, Senator Lucio, to explain the bill. Senator Lucio 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. The Chairman moved that SB 1519 be left pending; without objection, it was so ordered. The Chairman laid out SB 1436, pending in committee, and recognized Senator Jackson, in the absence of the author. Senator Jackson 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 SB 1436 be left pending; without objection, it was so ordered. The Chairman laid out HB 849 and recognized the Senate sponsor, Senator Jackson, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chairman moved that HB 849 be left pending; without objection, it was so ordered. There being no further business, at 7:45 p.m. the Chairman 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