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