MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, March 29, 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 29, 2005, 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 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 9:01 a.m. The Chairman laid out SB 807 and SJR 21 together and recognized the author, Senator Averitt to explain the bill and the joint resolution. Witnesses registering on both the bill and the joint resolution, but not testifying, are shown on the attached list. Chairman Fraser moved that public testimony be closed on SB 807 and SJR 21; without objection, it was so ordered. Senator Fraser moved that SB 807 and SJR 21 be left pending to await a quorum. Upon arrival of a quorum, Senator Carona moved that SB 807 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Brimer then moved that SJR 21 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. Chairman Fraser laid out SB 810 and recognized the author, Senator Averitt to explain the bill. Witnesses registering and testifying on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Fraser moved that SB 810 be left pending to await a quorum. Upon arrival of a quorum, Senator Brimer moved that SB 810 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB 636 and recognized the author, Senator Barrientos, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Fraser moved that SB 636 be left pending; without objection, it was so ordered. Chairman Fraser laid out SB 876 and recognized the author, Senator Lindsay, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. A quorum was established at 9:24 a.m. Senator Carona moved that SB 876 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 918 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Fraser moved that SB 918 be left pending; without objection, it was so ordered. The chair laid out SB 265 and recognized the author, Senator Williams, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 265 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 495 and recognized the author, Senator Williams, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 495 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 chair laid out SB 796 and recognized the author, Senator Lucio, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 796 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 709 and recognized the author, Senator Carona, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Carona moved that SB 709 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 988 and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up Committee Amendment 1. Witnesses testifying and registering on the bill are shown on the attached list. Senator Fraser moved that SB 988 and Committee Amendment 1 be temporarily laid on the table. The chair laid out SB 171 and recognized Senator Brimer, in the absence of the author, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Brimer moved that SB 171 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 359, pending in committee, and recognized the author, Senator Harris, to explain the bill. Senator Brimer sent up a committee substitute; the chair recognized Senator Brimer to explain the difference between the committee substitute and the bill as filed. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Brimer moved adoption of the committee substitute; without objection, it was so ordered. Senator Brimer moved that SB 359 do not pass but that CSSB 359 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 Brimer 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 CSSB 96 by Senator Shapleigh and recognized Senator Carona, Chairman, Subcommittee on Emerging Technologies and Economic Development, to explain the report. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Carona moved that SB 96 do not pass but that CSSB 96, adopted in subcommittee, be reported back to the Senate 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 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 255 by Senator Carona, and recognized Senator Carona to explain the report. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Carona moved that the subcommittee report on SB 255 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 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 CSSB 602 by Senator Ellis, and recognized Senator Carona to explain the report. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Carona moved that SB 602 do not pass but that CSSB 602, adopted in subcommittee, be reported back to the Senate 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Chairman Fraser brought back up SB 988, which had been temporarily laid on the table, and recognized Senator Carona on the bill and the amendment that had been laid out. Senator Carona withdrew Committee Amendment 1 that had been sent up earlier in the hearing. Senator Carona sent up a new Committee Amendment 1. The chair asked if anyone else wished to testify for, against, or on SB 988 there being none public testimony was closed. Senator Carona moved adoption of the new Committee Amendment 1; without objection, the amendment was adopted. Senator Carona requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Carona then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Carona moved that SB 988 do not pass but that CSSB 988 be reported back to the Senate with the recommendation that it do pass and be printed. Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Fraser read Motions in Writing requesting unanimous consent to be shown voting aye submitted by: Senator Averitt on SB 807, SB 810, SB 876, SJR 21, SB 265, SB 495, SB 709, SB 171, CSSB 359, CSSB 96, SB 255, CSSB 602, and CSSB 988; Senator Armbrister on SB 807, SB 810, SB 876, and SJR 21; Senator Lucio on SB 807, SJR 21, and SB 876; Senator Eltife on CSSB 96, SB 171, SB 255, CSSB 602, and CSSB 988; Senator Van de Putte on SB 807, SB 876, SB 796, SB 709, CSSB 988, SB 171, CSSB 359, CSSB 96, SB 255, and CSSB 602; Senator Estes on SB 265, SB 495, SB 796, SB 709, CSSB 988, SB 171, CSSB 359, CSSB 96, SB 255, and CSSB 602. 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 10:44 a.m. the Chairman then 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