MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, March 15, 2005 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, March 15, 2005, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser None Senator Kip Averitt Senator Kenneth Armbrister Senator Kim Brimer Senator John Carona Senator Kevin Eltife Senator Craig Estes Senator Eddie Lucio, Jr. Senator Leticia Van de Putte ***** Chairman Fraser called the meeting to order at 9:00 a.m. There being a quorum present, the following business was transacted: Senator Estes assumed the chair and laid out SB 332, which was left pending at a previous hearing. Senator Estes recognized the author, Senator Fraser, to explain the bill. Senator Fraser sent up the committee substitute and explained the difference between the committee substitute and the bill as filed. Witnesses testifying on the bill are shown on the attached list. At 10:59 a.m., Senator Fraser resumed the chair and moved that the committee stand recessed until 15 minutes after the adjournment of the Senate, and that testimony on SB 332 continue at that time. Without objection, it was so ordered. Chairman Fraser reconvened the committee hearing at 12:06 p.m. Senator Estes assumed the chair. Public testimony on SB 332 continued. Upon completion of public testimony, the Chairman moved that public testimony be closed. Without objection, it was so ordered. The Chairman moved that SB 332 be left pending; without objection, it was so ordered. Senator Fraser resumed the chair and laid out SB 359. The Chairman then recognized the author, Senator Harris to explain the bill. Chairman Fraser called the first witness, Tom "Smitty" Smith, Public Citizen's Texas Office, resource witness, to testify. Witnesses registering for the bill, but not testifying, are shown on the attached list. There being no further witnesses wishing to testify Chairman Fraser moved that public testimony be closed; however, Senator Brimer had an additional question. Pubic testimony was reopened in order for Burnie Burner, representing Dollar Rent A Car and Thrifty Rent-A-Car, to respond to Senator Brimer's questions. Following Mr. Burner's testimony Senator Fraser moved that SB 359 be left pending; without objection, it was so ordered. Chairman Fraser laid out SB 381 and recognized the author, Senator Staples, to explain the bill. Witnesses registering on the bill, but not testifying, are shown on the attached list. The Chairman moved that public testimony be closed; without objection, it was so ordered. Senator Carona moved that SB 381 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Chairman Fraser laid out SB 382 and recognized the author, Senator Staples, to explain the bill. Witnesses registering on the bill, but not testifying, are shown on the attached list. The Chairman moved that public testimony be closed; without objection, it was so ordered. Senator Carona moved that SB 382 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Chairman Fraser laid out the subcommittee report on SB 593 and recognized the author, Senator Carona, to explain the bill. Senator Estes moved that SB 593 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. Chairman Fraser read Motions in Writing requesting unanimous consent to be shown voting aye submitted by: Senator Van de Putte on SB 381, SB 382, and SB 593; Senator Averitt on SB 381, SB 382, and SB 593; Senator Lucio on SB 381, SB 382, and SB 593. Without objection, it was so ordered. These votes are included in the final votes as shown on the aforementioned bills. There being no further business, at 1:42 p.m. the Chairman moved that the Committee stand recessed subject to the call of the chairman. Without objection, it was so ordered. ________________________________ Troy Fraser, Chairman ________________________________ Tatum Baker, Clerk