MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, April 12, 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, April 12, 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 9:02 a.m. There being a quorum present, the following business was transacted: The chair laid out SB 41 and recognized the author, Senator Zaffirini, to explain the bill. Senator Estes sent up a committee substitute; the chair recognized Senator Zaffirini 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 Fraser moved that SB 41 be left pending; without objection, it was so ordered. The chair laid out SB 788 and recognized the author, Senator Williams, to explain the bill. Senator Estes sent up a committee substitute; the chair recognized Senator Williams 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 Fraser moved that SB 788 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 788 do not pass but that CSSB 788 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 chair laid out SB 790 and recognized the author, Senator Williams, to explain the bill. Senator Estes sent up a committee substitute; the chair recognized Senator Williams 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 Fraser moved that SB 790 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser moved that SB 790 be left pending; without objection, it was so ordered. The chair laid out SB 998 and recognized Senator Lucio, Jr., 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 Fraser moved that SB 998 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Van de Putte moved that SB 998 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 1309 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill. Senator Carona assumed the chair. Senator Lucio, Jr. sent up Committee Amendment 1. 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 1309 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio moved adoption of Committee Amendment 1; without objection, it was so ordered. Senator Lucio requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Lucio then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Lucio moved that SB 1309 do not pass but that CSSB 1309 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; there being an objection, the motion failed. The chair laid out SB 1408 and recognized the author, Senator Estes, to explain the bill. Senator Fraser resumed the chair. Senator Estes sent up a committee substitute; the chair recognized Senator Estes 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 that SB 1408 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that SB 1408 do not pass but that CSSB 1408 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, 0 nay, 0 present not voting, and 2 absent. Senator Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Estes assumed the chair. The chair laid out SB 1229 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 Estes moved that SB 1229 be left pending; without objection, it was so ordered. Senator Averitt assumed the chair. Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Fraser requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Fraser then moved that the committee substituted be adopted; without objection, it was so ordered. Senator Fraser moved that SB 1229 do not pass but that CSSB 1229 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 Estes assumed the chair. The chair laid out SB 1230 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 Estes moved that SB 1230 be left pending; without objection, it was so ordered. Senator Averitt assumed the chair. SB 1230 was brought was back from being left pending and Senator Fraser moved that SB 1230 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. The chair laid out SB 237 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. Senator Van de Putte assumed the chair. Witnesses testifying and registering on the bill are shown on the attached list. Senator Fraser resumed the chair. Senator Fraser moved that SB 237 be left pending; without objection, it was so ordered. At 11:00 a.m. Senator Fraser moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. At 1:02 p.m. the committee reconvened. Chairman Fraser brought back up SB 237 that had been left pending before the adjournment of the Senate. Senator Brimer assumed the chair at 1:04 p.m. Senator Estes then assumed the chair at 1:05 p.m. Senator Estes moved that SB 237 be left pending; without objection, it was so ordered. The chair laid out SB 99 and recognized the author, Senator Ellis, to explain the bill. Senator Carona sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Senator Van de Putte assumed the chair. 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 Van de Putte moved that SB 99 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved the adoption of the committee substitute; without objection, it was so ordered. Senator Averitt then moved that SB 99 do not pass but that CSSB 99 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 100 and recognized the author, Senator Ellis, 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 Van de Putte moved that SB 100 be left pending to await a quorum. Upon the arrival of a quorum, Senator Lucio, Jr. moved that SB 100 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 4 nays, 0 present not voting, and 0 absent. The chair laid out SB 1143 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 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 Van de Putte moved that SB 1143 be left pending to await a quorum. Upon the arrival of a quorum, Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. Senator Carona moved that SB 1143 do not pass but that CSSB 1143 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 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 1590 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 Van de Putte moved that SB 1590 be left pending to await a quorum. Upon arrival of a quorum, Senator Brimer moved that SB 1590 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 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 674 and recognized the author, Senator West, to explain the bill. Senator Carona sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Senator Carona sent up Committee Amendment 1 and Senator West explained Committee Amendment 1. 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 Van de Putte moved that SB 674 be left pending to await a quorum. Upon the arrival of a quorum, Senator Lucio, Jr. moved adoption of Committee Amendment 1 to the proposed committee substitute. Without objection, it was so ordered. Senator Lucio, Jr. requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Lucio, Jr. then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 674 do not pass but that CSSB 674 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 chair laid out SB 1173 and recognized Senator Carona, in the absence of the author, 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 Lucio, Jr. assumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 1173 be left pending to await a quorum. Upon arrival of a quorum, Senator Armbrister moved that Committee Amendment 1 be adopted; without objection, it was so ordered. Senator Armbrister then moved that the amendment be rolled into a committee substitute; without objection , without it was so ordered. Senator Armbrister then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Amrbrister moved that SB 1173 do not pass but that CSSB 1173 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. Senator Lucio, Jr. moved that the committee stand at ease until 3:00 p.m. At 3:06 p.m. the committee reconvened. Senator Fraser resumed the chair. Chairman Fraser requested that the roll be called. All members were present. Senator Averitt assumed the chair. The chair laid out SB 533, pending in committee, and recognized the author, Senator Fraser, to explain the bill. Senator Fraser moved to adopt Committee Amendment 1 to the proposed substitute that had been laid out at a previous hearing; without objection, the amendment was adopted. Senator Armbrister sent up Committee Amendment 2 and pulled it down. Senator Armbrister sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Armbrister sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Armbrister explained Committee Amendment 5. Senator Armbrister then explained Committee Amendment 6. Senator Fraser requested unanimous consent to roll the adopted amendments into a committee substitute; without objection, it was so ordered. Senator Fraser moved adoption of the new committee substitute; without objection, it was so ordered. Senator Fraser moved that SB 533 do not pass but that CSSB 533 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. The posting rule, Senate Rule 11.18, was suspended to hear the following subcommittee reports: SB 920 SB 1318 SB 1321 The subcommittee report on SB 920 was laid out by Senator Averitt. Senator Van de Putte was recognized to explain the subcommittee report on SB 920. Witnesses registering on the bill are shown on the attached list. Senator Estes then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Estes moved that SB 920 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 subcommittee report on SB 1318 was laid out by Senator Averitt. Senator Van de Putte then moved adoption of the subcommittee report for CSSB 1318; there being no objection, it was so ordered. CSSB 1318 had been adopted in subcommittee. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The subcommittee report on SB 1321 was laid out by Senator Averitt. Senator Carona was recognized to explain the subcommittee report on CSSB 1321, adopted in subcommittee. Witnesses registering on the bill are shown on the attached list. Senator Carona then moved adoption of the subcommittee report; there being no objection, it was so ordered. 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 read Motions in Writing requesting unanimous consent to be shown voting aye submitted by Senator Fraser on SB 920, CSSB 1318, CSSB 1321, CSSB 1408, and SB 1590; Senator Eltife on CSSB 1309; Senator Lucio on CSSB 533, CSSB 1408, SB 1590, SB 920, CSSB 1318, and CSSB 1321. These votes are included in the final votes as shown on the aforementioned bills. There being no further business, at 4:09 p.m. Senator Averitt 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