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