MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, May 13, 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 13, 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 ***** The Chairman called the meeting to order at 9:02 a.m. with Senator Averitt in the chair. The following business was transacted: The Chairman laid out HB 2172 and recognized the Senate sponsor, Senator Lucio, 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. The Chairman moved that HB 2172 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 2172 be left pending. The Chairman laid out HB 135 and recognized Senator Lucio, in the absence of the Senate sponsor, 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 135 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 135 be left pending. The Chairman laid out HB 1056 and recognized Senator Lucio, in the absence of the Senate sponsor, 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. The Chairman moved that HB 1056 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 1056 be left pending. The Chairman laid out HB 1232 and recognized Senator Lucio, in the absence of the Senate sponsor, 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. The Chairman moved that HB 1232 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 1232 be left pending. The Chairman laid out HB 1526 and recognized Senator Lucio, in the absence of the Senate sponsor, 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. The Chairman moved that HB 1526 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 1526 be left pending. The Chairman laid out HB 2200 and recognized Senator Lucio, in the absence of the Senate sponsor, to explain the bill. There were no witnesses registered on the bill. The Chairman moved that the public testimony be closed; without objection, it was so ordered. The Chairman moved that HB 2200 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 2200 be left pending. The Chairman laid out HB 1496 and recognized Senator Estes, in the absence of the Senate sponsor, 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 1496 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 1496 be left pending. The Chairman laid out SCR 48 and recognized Senator Estes, in the absence of the author, 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 Williams assumed the chair and moved that SCR 48 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Van de Putte sent up a committee substitute and moved adoption. Without objection, it was so ordered. Senator Van de Putte then moved that SCR 48 do not pass but that CSSCR 48 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 Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman laid out SB 1341 and recognized Senator Estes, in the absence of the author, to explain the bill. Senator Brimer laid out a proposed committee substitute. 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 SB 1341 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that the proposed committee substitute be withdrawn; without objection, it was so ordered. Senator Jackson then sent up a new committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson then moved that SB 1341 do not pass but that CSSB 1341 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 laid out HB 849, pending in committee, and recognized the Senate sponsor, Senator Jackson. Senator Jackson explained a committee substitute and Committee Amendment 1 laid out in a previous hearing. Senator Jackson then laid out Committee Amendment 2. The Chairman reopened public testimony, and Les Findeisen, representing Texas Motor Transportation Association, testified in favor of the bill. The Chairman moved that the public testimony again be closed; without objection, it was so ordered. The Chairman moved that HB 849 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, the Chairman moved that HB 849 be left pending. At 9:50 a.m. Senator Averitt moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. During the Senate session, Senator Fraser moved that the posting rule be suspended to enable the committee to reconvene at his desk upon adjournment. Without objection, it was so ordered. At 2:12 p.m. the committee reconvened at Senator Fraser's desk in the Senate Chamber. The aforementioned actions on bills laid out prior to the 9:50 a.m. recess were taken. There being no further business, at 2:18 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