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