MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 6, 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, May 6, 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
*****
Chairman Fraser called the meeting to order at 9:07 a.m. There
being a quorum present, the following business was transacted:
The Chairman laid out HB 1394 and recognized the Senate sponsor,
Senator Williams, 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. Senator Williams moved that HB 1394 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
Williams moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chairman laid out HB 1264 and recognized Senator Jackson, in
the absence of the Senate sponsor, to explain the bill. Senator
Jackson sent up a committee substitute and explained the
difference between the committee substitute and the bill as
filed. 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. The Chairman
moved that HB 1264 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 then moved that
HB 1264 do not pass but that CSHB 1264 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 Jackson moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chairman laid out HB 147 and recognized the Senate sponsor,
Senator Shapleigh, 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 Armbrister moved that HB
147 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 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 149 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. Witnesses 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 Armbrister moved that HB 149 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
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 292 and recognized the author, Senator
Brimer, to explain the bill. Senator Brimer sent up a committee
substitute and explained the difference between the 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 Armbrister sent up Committee Amendment 1,
and explained the amendment. The Chairman moved that SB 292 be
left pending; without objection, it was so ordered.
The Chairman laid out HB 1637 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. Senator Averitt sent up
Committee Amendment 1. Senator Averitt sent up Committee
Amendment 2. Witnesses testifying and registering on the bill
are shown on the attached list. The Chairman moved that HB 1637
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved
adoption of Committee Amendment 1; without objection, it was so
ordered. Senator Averitt moved adoption of Committee Amendment
2; without objection, it was so ordered. Senator Averitt
requested unanimous consent to roll the amendments 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 1637 do not pass but that CSHB 1637 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 1199 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Williams sent up Committee Amendment
1. The Chairman moved that HB 1199 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, 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 1199 do not pass but that CSHB 1199 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 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 276 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses registering on the bill. The Chairman moved
that HB 276 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Averitt moved that HB 276 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.
The Chairman laid out HB 904 and recognized Senator Averitt, in
the absence of the Senate sponsor, 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 HB 904 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved that
HB 904 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 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 1076 and recognized Senator Williams,
in the absence of the Senate sponsor, 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 Fraser
moved that HB 1076 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Averitt moved that HB 1076 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 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 1165 and recognized the Senate sponsor,
Senator Janek, to explain the bill. Public testimony commenced.
Senator Williams sent up Committee Amendment 1. The Chairman
advised that testimony on the bill would be suspended until
after adjournment of the Senate, at which time testimony on HB
1165 would resume.
The Chairman laid out SJR 42, pending in committee, and
recognized the author, Senator Carona. Senator Lucio sent up a
committee substitute; Senator Carona explained the difference
between the committee substitute and the bill as filed. Senator
Lucio moved adoption of the committee substitute; without
objection, it was so ordered. Senator Lucio moved that SJR 42
do not pass but that CSSJR 42 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 announced that HB 849 and SB 1436 would not be
heard.
The Chairman laid out HB 543, pending in committee, and
recognized Senator Jackson, in the absence of the Senate
sponsor. Senator Jackson moved that HB 543 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
Jackson moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chairman laid out HB 1307, pending in committee, and
recognized the Senate sponsor, Senator Averitt. Senator
Averitt sent up a committee substitute and explained the
difference between the substitute and the bill as filed.
Senator Averitt moved adoption of the committee substitute;
without objection, it was so ordered. Senator Averitt moved
that HB 1307 do not pass but that CSHB 1307 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 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 1531, pending in committee, and
recognized Senator Averitt, in the absence of the Senate
sponsor, to explain the bill. Senator Averitt moved that HB
1531 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 Averitt moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chairman laid out SB 75, pending in committee, and
recognized Senator Averitt, in the absence of the author.
Senator Averitt sent up a committee substitute and explained the
difference between the committee substitute and the bill as
filed. Senator Averitt moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Averitt moved that SB 75 do not pass but that CSSB 75 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 read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Williams on HB 147 and HB 149; Senator Lucio on HB 147
and HB 149; Senator Van de Putte on HB 147, HB 149 and HB 1394;
Senator Armbrister on HB 1394, HB 276, HB 904, HB 1076, CSHB
1199, CSHB 1264, CSSJR 42, HB 543, CSHB 1307, HB 1531 and CSSB
75. Without objection, it was so ordered. These votes are
reflected in the final votes on the aforementioned bills.
At 11:00 a.m. the Chairman moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 7:20 p.m. the committee reconvened.
The posting rule, Senate Rule 11.18, was suspended to hear SB
1067. The Chairman laid out SB 1067 and recognized the author,
Senator Carona, to explain the bill. Witnesses registering on
the bill are shown on the attached list. Senator Averitt moved
that SB 1067 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.
The Chairman laid out SB 1176, pending in committee. Senator
Fraser sent up a committee substitute and explained the
difference between the committee substitute and the bill as
filed. Senator Fraser sent up Committee Amendment 1 and moved
adoption; without objection, it was so ordered. Senator
Armbrister requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Armbrister then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Armbrister moved that SB 1176 do not pass but that CSSB
1176 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 Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Testimony then resumed on HB 1165. 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 Fraser moved that HB 1165
be left pending; without objection, it was so ordered.
The Chairman laid out HB 1282 and, in the absence of the Senate
sponsor, explained the bill. Senator Fraser laid out Committee
Amendments 1, 2 and 3 and explained the amendments. 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 1282 be left pending; without objection, it was so ordered.
There being no further business, at 8:45 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