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