MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 8, 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 Thursday, May 8, 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 9:08 a.m. There
being a quorum present, the following business was transacted:
The Chairman laid out HB 1165, pending in committee. Senator
Fraser sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Armbrister sent
up Committee Amendment 2 and moved adoption; without objection,
the amendment was adopted. Senator Armbrister requested
unanimous consent to roll the amendments 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 HB 1165 do not pass but that CSHB 1165 be reported back 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 Lucio moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out HB 941 and recognized the Senate sponsor,
Senator Estes, 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. The Chairman moved that HB 941 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Estes moved that HB 941 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 Estes
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out HB 2926 and recognized the Senate sponsor,
Senator Estes, to explain the bill. Senator Fraser sent up a
committee substitute and Senator Estes explained the difference
between the committee substitute and the bill as filed. There
were no witnesses testifying or registering on bill. The
Chairman moved that HB 2926 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Estes moved adoption of the committee substitute;
without objection, it was so ordered. Senator Estes moved that
HB 2926 do not pass but that CSHB 2926 be reported back 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 Estes moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chairman announced that HB 1282 would not be heard, and that
SB 675 would be heard after 1:30 p.m. as indicated on the
revised posting.
Senator Brimer assumed the chair, laid out SB 1944 and
recognized the author, Senator Fraser. Senator Fraser 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. The Chairman moved that SB 1944
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Fraser moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Fraser moved that SB 1944 do not pass but
that CSSB 1944 be reported back 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 Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chairman laid out SB 1651 and recognized Senator Fraser, in
the absence of the author, to explain the bill. Senator Brimer
sent up a committee substitute and explained the difference
between the substitute and the bill as filed. The witness
testifying on the bill is shown on the attached list. Senator
Brimer moved adoption of the committee substitute; without
objection, it was so ordered. Senator Brimer moved that SB 1651
do not pass but that CSSB 1651 be reported back 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 Fraser resumed the chair, laid out HB 849, pending in
committee, and recognized the Senate sponsor, Senator Jackson.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Jackson sent up a committee
substitute and explained the difference between the substitute
and the bill as filed. Senator Jackson then sent up Committee
Amendment 1 and explained the amendment. The Chairman moved
that HB 849 be left pending; without objection, it was so
ordered.
The Chairman laid out SB 292, pending in committee, and
recognized the author, Senator Brimer. Senator Brimer explained
the proposed committee substitute laid out at a previous
meeting. Senator Brimer sent up Committee Amendment 1 to the
proposed substitute and moved adoption; without objection, the
amendment was adopted. Senator Brimer requested unanimous
consent to roll the proposed substitute and amendment into a new
committee substitute; without objection, it was so ordered.
Senator Brimer then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Brimer
moved that SB 292 do not pass but that CSSB 292 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 Brimer moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Lucio on HB 941, CSHB 1165, CSSB 1651 and CSHB 2926;
Senator Averitt on HB 941, CSHB 1165, CSHB 2926, CSSB 1944, and
CSSB 1651; Senator Van de Putte on HB 941, CSHB 2926, CSSB 1651,
CSSB 1944, and CSHB 1165; Senator Williams on CSSB 1651, HB 941,
CSHB 1165, CSHB 2926, and CSSB 1944. Without objection, it was
so ordered. These votes are reflected in the final votes on the
aforementioned bills.
Senator Averitt assumed the chair, laid out HB 730 and
recognized the Senate sponsor, Senator Fraser, to explain the
bill. Public testimony commenced on HB 730.
At 11:00 a.m. the Chairman moved that the committee stand
recessed until ten minutes after adjournment of the Senate and
that testimony on HB 730 would continue when the committee
reconvened; without objection, it was so ordered.
At 2:35 p.m. the committee reconvened with Senator Williams in
the chair, and public testimony on HB 730 resumed. 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 730 be left pending; without objection, it was so ordered.
Senator Fraser resumed the chair, laid out SB 675 and recognized
the author, Senator Estes, 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
SB 675 be left pending; without objection, it was so ordered.
There being no further business, at 4:12 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