MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 14, 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, April 14, 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
*****
The chair called the meeting to order at 9:00 a.m.
The chair laid out SB 1331 and recognized the author, Senator
Nelson, 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 Carona sent up a committee substitute; the chair
recognized Senator Nelson to explain the difference between the
committee substitute and the bill as filed. Senator Fraser
moved that SB 1331 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Estes moved adoption of the committee substitute; without
objection, it was so ordered. Senator Estes moved that SB 1331
do not pass but that CSSB 1331 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 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 1471 and recognized the author, Senator
Whitmire, 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 1471 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that SB 1471 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
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 1472 and recognized the author, Senator
Whitmire, 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 1472 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that SB 1472 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
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 1626 and recognized the author, Senator
Whitmire, to explain the bill. Senator Carona sent up a
committee substitute; the chair recognized Senator Whitmire 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 1626 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Brimer moved adoption of the committee substitute; without
objection, it was so ordered. Senator Brimer moved that SB 1626
do not pass but that CSSB 1626 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, 2 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 957 and recognized the author, Senator
Williams, 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 957 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Estes moved that SB 957 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 Lucio,
Jr. moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The roll was called at 9:15 a.m. and a quorum was present.
The chair laid out SB 1246 and recognized the author, Senator
Brimer, 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 Brimer moved that SB 1246
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 Estes 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 1255 and recognized the author, Senator
Brimer, 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 1255 be left pending to await a
quorum; without objection, it was so ordered. Senator Brimer
moved that SB 1255 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 Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1464 and recognized the author, Senator
Van de Putte, 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 1464
be left pending to await a quorum; without objection, it was so
ordered. Senator Lucio, Jr. moved that SB 1464 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 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 1256 and recognized the author, Senator
Lindsay, to explain the bill. Senator Van de Putte sent up a
committee substitute; the chair recognized Senator Lindsay 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 Van de Puttee moved that SB 1256 be
left pending until after the adjournment of the Senate; without
objection, it was so ordered.
At 10:00 a.m. Senator Van de Putte moved that the committee
stand recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 1:46 p.m. the committee reconvened and Senator Fraser resumed
the chair.
Senator Fraser brought back up SB 1256 from pending business to
continue hearing witnesses testimony. The chair moved that the
public testimony be closed; without objection, it was so
ordered. The chairman moved that SB 1256 be left pending;
without objection, it was so ordered.
The chair laid out SB 687 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 Fraser moved that SB 687
be left pending; without objection, it was so ordered.
The chair laid out SB 711 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 Fraser moved that
SB 711 be left pending; without objection, it was so ordered.
The chair read Motions in Writing requesting unanimous consent
to be shown voting aye submitted by the following: Senator
Averitt on SB 957, SB 1246, SB 1255, CSSB 1331, SB 1471, SB
1472, CSSB 1626, and CSSB 790; Senator Carona on SB 957, CSSB
1331, SB 1471, SB 1472, SB 1246, SB 1255, and CSSB 1626; Senator
Van de Putte on SB 1464; Senator Estes on SB 1464. The chair
read Motion in Writing requesting consent to be shown voting nay
submitted by the following: Senator Lucio on CSSB 790 and
Senator Van de Putte on CSSB 790. These votes are reflected in
the final votes on the aforementioned bills.
The chair laid out SB 790 that was pending in committee. The
committee substitute had been laid out and sent up by Senator
Estes in the previous hearing. Senator Carona moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Carona moved that SB 790 do not pass but that CSSB 790
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 6 ayes, 2 nays, 0 present not voting, and 1 absent.
The chair laid out SB 712 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 Fraser moved that SB 712 be left pending; without
objection, it was so ordered.
The chair laid out SB 598 and recognized Senator Carona, in the
absence of the author, to explain the bill. Senator Carona sent
up Committee Amendment 1 and explained the amendment. 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 598 be left pending; without objection, it was so ordered.
The posting rule, Senate Rule 11.18, was suspended to hear the
following bill(s):
SB 957
SB 1464
There was no action taken for the following subcommittee report:
SB 831
There being no further business, at 3:17 p.m. the chair moved
that the Committee stand recessed subject to the call of the
chairman. Without objection, it was so ordered.
_______________________________
Senator Troy Fraser, Chairman
_______________________________
Tatum Baker, Clerk