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