MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, March 31, 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 Thursday, March 31, 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 9:00 a.m. There
being a quorum present, the following business was transacted:
Senator Eltife assumed the chair and laid out SB 743, and
recognized the author, Senator Fraser to explain the bill.
Senator Estes assumed the chair and opened public testimony.
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 743 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 resumed the chair. The chair laid out SB 1563
and recognized the author, Senator Estes, 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 Estes
moved that SB 1563 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 chair laid out SB 846 and recognized the author, Senator
Janek, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Fraser moved that SB 846 be left pending until after the
adjournment of the Senate.
At 10:10 a.m. Chairman Fraser moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 12:29 p.m. the committee reconvened. Chairman Fraser brought
back up SB 846, pending in committee, from the first part of the
hearing. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Fraser moved that
SB 846 be left pending to await a quorum. Upon the arrival of a
quorum, Senator Averitt moved that SB 846 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 chair laid out SB 1447 and recognized the author, Senator
Averitt, to explain the bill. Senator Averitt sent up a
committee substitute; the chair recognized Senator Averitt to
explain the difference between the committee substitute and the
bill as filed. 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 Averitt moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Averitt moved that SB 1447 do not pass but that CSSB 1447 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 chair laid out SB 1112 and recognized the author, Senator
Eltife, 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. SB 1112 was voted on favorably,
brought back, and left pending from Senator Eltife's motion to
reconsider. Without objection; it was so orderd.
The chair laid out SB 314 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Estes moved that SB 314
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 Estes moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senator Van de Putte assumed the chair. The chair laid out SB
1494 and recognized the author, Senator Fraser, to explain the
bill. Senator Fraser sent up a committee substitute; the chair
recognized Senator Fraser 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 Fraser moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Fraser moved that SB 1494 do not pass but that CSSB 1494
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 chair laid out SB 1495 and recognized the author, Senator
Fraser, 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 1495
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.
Chairman Fraser resumed the chair. The chair laid out SB 1593
and recognized Senator Eltife, in the absence of the author, 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 1593 be left pending to
await a quorum. Upon arrival of a quorum, Senator Carona moved
that SB 1593 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 686 and recognized the author, Senator
Carona, to explain the bill. Senator Carona sent up a committee
substitute; the chair recognized Senator Carona 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 Carona
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Carona moved that SB 686 do not pass
but that CSSB 686 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 read Motions in Writing requesting unanimous
consent to be shown aye submitted by: Senator Carona on CSSB
1494 and SB 1495; Senator Lucio on SB 846, CSSB 1447, SB 314,
CSSB 1494, and SB 1495; Senator Van de Putte on 743 SB 1563,
CSSB 686, and SB 1593; Senator Brimer on SB 846, CSSB 1447, SB
314, CSSB 1494, SB 1495, SB 1593, and
CSSB 686; Senator Armbrister on SB 846, CSSB 1447, SB 1593, and
CSSB 686; Senator Averitt on SB 743, SB 1563, SB 1495, CSSB 686,
and SB 1593.
There being no further business, at 1:48 p.m. the Chairman then
moved that the committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
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Troy Fraser, Chairman
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Tatum Baker, Clerk