MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 20, 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 20, 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 9:05 a.m. The
following business was transacted:
The Chairman laid out HB 1329 and recognized the Senate sponsor,
Senator Staples, 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 HB 1329
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that HB 1329 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, 1 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 3325 and recognized the Senate sponsor,
Senator Staples, to explain the bill. Senator Averitt sent up a
committee substitute and Senator Staples explained the
difference between the substitute and the bill as filed.
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 3325 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Armbrister
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Armbrister then moved that HB 3325
do not pass but that CSHB 3325 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 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 1338 and recognized the Senate sponsor,
Senator Averitt, 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 1338 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Averitt moved that HB 1338 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
Averitt moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Averitt assumed the chair, laid out HB 3324 and
recognized the Senate sponsor, 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. Senator Fraser moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Fraser then moved that HB 3324 do not pass
but that CSHB 3324 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 HB 2033 and recognized the Senate sponsor,
Senator Fraser, 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 Fraser moved that HB 2033 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 Fraser
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out HB 2528 and recognized the Senate sponsor,
Senator Fraser, 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 Fraser moved that HB 2528 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 Fraser
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out HB 2548 and recognized the Senate sponsor,
Senator Fraser, 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 Fraser moved that HB 2548 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 Fraser
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Fraser resumed the chair, laid out HB 1296 and
recognized Senator Averitt, 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. Senator Averitt moved that HB 1296 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
Averitt moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chairman advised that HB 3534 had been tagged pursuant to
Senate Rule 11.19 and would not be heard.
The Chairman laid out SB 1193 and recognized the author, Senator
Carona, 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 SB
1193 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 HJR 23 and recognized the Senate sponsor,
Senator Carona, 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 Armbrister moved that HJR 23 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 1839 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Averitt sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. 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 requested unanimous consent to
incorporate the amendment into a committee substitute; without
objection, it was so ordered. Senator Armbrister then moved
that the new committee substitute be adopted; without objection,
it was so ordered. Senator Armbrister moved that HB 1839 do not
pass but that CSHB 1839 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 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 1020 and recognized Senator Lucio, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying 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 1020
be left pending to await resolution of a question on the bill.
Upon resolution of the question, Senator Lucio moved that HB
1020 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 Averitt assumed the chair, laid out HB 329 and
recognized the Senate sponsor, 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
the bill 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 HB 329 do not pass
but that CSHB 329 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 1493 and
recognized Senator Averitt, in the absence of the Senate
sponsor. Senator Averitt sent up a committee substitute and
explained the difference between the substitute and the bill as
filed. Senator Averitt sent up Committee Amendment 1.
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 1493 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum,
Senator Fraser moved adoption of Committee Amendment 1; without
objection, the amendment was adopted. Senator Averitt sent up
Committee Amendment 2 and moved adoption; without objection, the
amendment was adopted. Senator Averitt requested unanimous
consent to incorporate the amendments into the committee
substitute; without objection, it was so ordered. Senator
Averitt then moved that the new committee substitute be adopted;
without objection, it was so ordered. Senator Averitt moved
that HB 1493 do not pass but that CSHB 1493 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 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 2112 and recognized Senator Averitt, 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 2112
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Brimer moved that HB
2112 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 Brimer moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chairman laid out HB 3179 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 3179
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
that HB 3179 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 Van de Putte moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 10:58 a.m. the Chairman moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 4:05 p.m. the committee reconvened.
The Chairman laid out SB 256, pending in committee, and
recognized Senator Averitt, in the absence of the author, to
explain the bill. Senator Averitt sent up a committee
substitute and explained the difference between the substitute
and the bill as filed. Although public testimony began, the
Chairman suspended testimony until later in the hearing in order
to take care of a few other matters.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Van de Putte on HB 1296, HB 1338, CSHB 1839, HB 2033, HB
2528, HB 2548, CSSB 3324, CSSB 3325, HJR 23 and SB 1193; Senator
Lucio on HB 1296, HB 1338, CSHB 1839, HB 2033, HB 2528, HB 2548,
CSHB 3324, CSHB 3325, HJR 23, SB 1193 and HB 3179; Senator
Brimer on CSHB 3324, CSHB 3325, HB 1338, HB 2033, HB 2528, HB
2548, HB 1296, HJR 23, SB 1193 and CSHB 1839; Senator Williams
on HB 1296, HB 1338, CSHB 1839, HB 2033, HB 2528, HB 2548, CSHB
3324, CSHB 3325, HJR 23, and SB 1193. Without objection, it was
so ordered. These votes are reflected in the final votes on the
aforementioned bills.
The Chairman laid out HB 1232 in order to reconsider the vote
taken at the hearing on May 16. The Senate sponsor, Senator
Brimer, moved to reconsider the vote on HB 1232; without
objection, it was so ordered. Senator Brimer then sent up a
committee substitute and explained the difference between the
substitute and the bill as filed. Senator Brimer moved adoption
of the committee substitute; without objection, it was so
ordered. Senator Brimer moved that HB 1232 do not pass but that
CSHB 1232 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 Brimer moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Averitt assumed the chair, laid out HB 730, pending in
committee, and recognized the Senate sponsor, Senator Fraser.
Senator Fraser sent up a proposed 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, the amendment was
adopted. Senator Fraser sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted. Senator
Fraser sent up Committee Amendment 3 and moved adoption; without
objection, the amendment was adopted. Senator Fraser sent up
Committee Amendment 4 and moved adoption; without objection, the
amendment was adopted. Senator Fraser requested unanimous
consent to roll the amendments into a committee substitute;
without objection, it was so ordered. Senator Fraser then moved
that the new committee substitute be adopted; without objection,
it was so ordered. Senator Fraser moved that HB 730 do not pass
but that CSHB 730 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, 2 nays, 0 present not voting, and 0 absent.
The Chairman laid out HB 1282, pending in committee, and
recognized the Senate sponsor, Senator Duncan. Senator Jackson
sent up a committee substitute; Senator Duncan 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 moved that HB 1282 do not pass but that CSHB 1282 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 5
ayes, 0 nay, 0 present not voting, and 4 absent.
The Chairman laid out HB 1131, pending in committee, and
recognized Senator Lucio, in the absence of the Senate sponsor.
Senator Lucio 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 HB 1131 be left pending; without objection, it was so
ordered.
The Chairman recalled SB 256 and advised that testimony would
continue. Upon completion of testimony, the Chairman moved that
the public testimony be closed; without objection, it was so
ordered. Chairman Fraser moved that SB 256 be left pending;
without objection, it was so ordered.
There being no further business, at 5:43 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