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