MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 22, 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 22, 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 9:13 a.m. The
following business was transacted:
The posting rule, Senate Rule 11.18, was suspended to hear the
following bills: HB 124, HB 650, HB 1008, HB 2005, HB 2156, HB
2180, HB 2579, HB 3139 and HB 3308.
The Chairman laid out HB 2156 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 2156 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that HB 2156 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 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 826 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 826 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Averitt moved that HB 826 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.
The Chairman laid out HB 2579 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 2579 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Averitt moved that HB 2579 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 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 2180 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 2180 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that HB 2180 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 Jackson moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chairman laid out HB 3190 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 3190 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 3190 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 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 HB 208 and recognized the Senate sponsor,
Senator Lucio, to explain the bill. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 208 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Armbrister moved that HB 208 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 2701 and recognized the Senate sponsor,
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 HB 2701
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Estes moved that HB
2701 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 3139 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 3139 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Armbrister moved that HB 3139 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 453 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. Committee Amendment 1
was explained but later withdrawn. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 453 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Estes moved that HB 453 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.
Senator Lucio assumed the chair, laid out HB 124 and recognized
Senator Estes, in the absence of the Senate sponsor, to explain
the bill. There were no witnesses registering on the bill. The
Chairman moved that the public testimony be closed; without
objection, it was so ordered. The Chairman moved that HB 124 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 124 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 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 HB 1510 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 1510 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 1510 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 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 HB 1380 and recognized the Senate sponsor,
Senator Harris, 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 1380
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Brimer moved that HB
1380 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 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 2005 and recognized Senator Estes, 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 2005
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved that
HB 2005 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 Estes assumed the chair, laid out HB 2081 and explained
the bill in the absence of the Senate sponsor. There were no
witnesses registering on the bill. The Chairman moved that the
public testimony be closed; without objection, it was so
ordered. The Chairman moved that HB 2081 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Brimer moved that HB 2081 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.
The Chairman laid out HB 1008 and explained the bill in the
absence of the Senate sponsor. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 1008 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that HB 1008 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, 1 nay, 0
present not voting, and 0 absent.
The Chairman laid out HB 1840 and explained the bill in the
absence of the Senate sponsor. 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 1840 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Averitt moved that HB 1840 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 laid out HB 1615 and explained the bill in the
absence of the Senate sponsor. 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 1615
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 1615 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.
The Chairman laid out HB 3141 and explained the bill in the
absence of the Senate sponsor. Senator Estes sent up a
committee substitute and explained the difference between the
substitute and the bill as filed. 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 3141 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Williams moved adoption of the
committee substitute; without objection , it was so ordered.
SENATE COMMITTEE ON BUSINESS & COMMERCE
Minutes
Thursday, May 22, 2003
page 6
Senator Williams then moved that HB 3141 do not pass but that
CSHB 3141 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 Williams moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chairman laid out HB 2409 and explained the bill in the
absence of the Senate sponsor. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 2409 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Brimer moved that HB 2409 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 3308 and explained the bill in the
absence of the Senate sponsor. There were no witnesses
registering on the bill. The Chairman moved that the public
testimony be closed; without objection, it was so ordered. The
Chairman moved that HB 3308 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Brimer moved that HB 3308 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 650 and explained the bill in the
absence of the Senate sponsor. 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 Estes explained Committee Amendment 1, and
Committee Amendment 2, which were later withdrawn. The Chairman
moved that HB 650 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Williams moved that HB 650 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.
At 10:17 a.m. the Chairman moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 6:25 p.m. the committee reconvened with Senator Fraser in the
chair.
The Chairman laid out HB 3534 and recognized the Senate sponsor,
SENATE COMMITTEE ON BUSINESS & COMMERCE
Minutes
Thursday, May 22, 2003
page 7
Senator Shapiro, 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 Van de Putte moved that
HB 3534 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 7 ayes, 1 nay, 0 present not
voting, and 1 absent.
The posting rule, Senate Rule 11.18, was suspended to hear the
following bills: HB 470, HB 1131, HB 2593, HB 3034 and HJR 85.
The Chairman laid out HB 1131, pending in committee, and
recognized the Senate sponsor, Senator Carona. Senator
Armbrister sent up a committee substitute; Senator Carona
explained the difference between the committee substitute and
the bill as filed. Senator Armbrister moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Armbrister moved that HB 1131 do not pass but that CSHB
1131 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.
The Chairman laid out HB 2593 and recognized the Senate sponsor,
Senator Estes, 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 Estes moved that HB 2593 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.
The Chairman laid out HJR 85 and recognized the Senate sponsor,
Senator Estes, 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 Estes moved that HJR 85 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.
The Chairman laid out HB 3034 and recognized Senator Williams,
in the absence of the Senate sponsor, to explain the bill.
There were no witnesses registering on the bill. Senator
Williams sent up a committee substitute and explained the
difference between the substitute and the bill as filed.
Senator Williams moved adoption of the committee substitute;
without objection, it was so ordered. Senator Williams then
moved that HB 3034 do not pass but that CSHB 3034 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 Williams moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
SENATE COMMITTEE ON BUSINESS & COMMERCE
Minutes
Thursday, May 22, 2003
page 8
The Chairman laid out HB 470 and recognized Senator Williams, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses registering on the bill. The Chairman moved
that the public testimony be closed; without objection, it was
so ordered. Senator Van de Putte moved that HB 470 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 7
ayes, 0 nay, 0 present not voting, and 2 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 read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by: Senator Averitt on
HB 2593 and HJR 85; Senator Brimer on HB 470 and CSHB 3034;
Senator Armbrister on HB 124, HB 453, HB 1510, HB 1380, HB 2005,
HB 2081, HB 1008, HB 1840, CSHB 3141, HB 2409, HB 3308, HB 650,
HB 2593, CSHB 3034 and HJR 85; Senator Lucio on HB 124, HB 208,
HB 453, HB 650, HB 826, HB 1008, HB 1380, HB 1510, HB 1615, HB
1840, HB 2005, HB 2081, HB 2156, HB 2180, HB 2409, HB 2579, HB
2701, HB 3139, CSHB 3141, HB 3190, HB 3308, HB 3534, CSHB 1131,
HB 470, CSHB 3034, HB 2593, and HJR 85. There being no
objection, it was so ordered. These votes are reflected in the
aforementioned final votes.
There being no further business, at 7:28 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