MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 19, 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 19, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Eddie Lucio, Jr.
Senator Kip Averitt, Vice Chairman
Senator Kenneth Armbrister
Senator Kim Brimer
Senator John Carona
Senator Kevin Eltife
Senator Craig Estes
Senator Leticia Van de Putte
*****
The chair called the meeting to order at 9:01 a.m. The chair
laid out SB 1159 and recognized the author, Senator Harris, to
explain the bill. Senator Fraser sent up a committee
substitute; the chair recognized Senator Harris to explain the
difference between the committee substitute and the bill as
filed. Chairman Fraser moved that the bill be left pending for
Blake Ingram, against the bill, to review the committee
substitute. 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. Upon review of
the committee substitute by Mr. Ingram, Senator Brimer moved
that the committee substitute be adopted; without objection, it
was so ordered. Senator Brimer moved that SB 1159 do not pass
but that CSSB 1159 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 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 624 and recognized the author, Senator
Hinojosa, to explain the bill. Senator Eltife sent up a
committee substitute; the chair recognized Senator Hinojosa to
explain the difference between the committee substitute and the
bill as filed. Senator Eltife sent up Committee Amendment 1 and
Senator Hinojosa 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 Fraser moved that
SB 624 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Estes moved
to adopt Committee Amendment 1. Senator Estes then requested
unanimous consent to roll the proposed substitute and amendment
into a new committee substitute; without objection, it was so
ordered. Senator Estes then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Estes moved that SB 624 do not pass but that CSSB 624 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.
The chair laid out SB 1697 and recognized the author, Senator
Duncan, to explain the bill. Senator Brimer sent up 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 Fraser moved that SB 1697 be left pending; without
objection, it was so ordered.
The roll was called at 9:35 a.m. and a quorum was present.
The chair laid out SB 305 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Armbrister sent up 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 Armbrister moved
adoption of Committee Amendment 1; without objection, it was so
ordered. Senator Armbrister requested unanimous consent to roll
the amendment into a committee substitute; without objection, it
was so ordered. Senator Armbrister then moved that the
committee substitute be adopted; without objection, it was so
ordered. Senator Armbrister moved that SB 305 do not pass but
that CSSB 305 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 Carona assumed the chair. The chair laid out SB 1599
and recognized Senator Brimer, 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 Carona moved that SB 1599 be left pending;
without objection, it was so ordered.
The chair laid out SB 707 and recognized Senator Estes, in the
absence of the author, to explain the bill. 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 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 707 be left pending until after the
adjournment of the Senate.
At 10:35 a.m. Senator Carona moved that the committee stand
recessed until 30 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 2:38 p.m. the committee reconvened.
Senator Fraser resumed the chair. The chair laid out SB 707,
pending in committee. Senator Carona moved to adopt the
committee substitute; without objection, it was so ordered.
Senator Carona moved that SB 707 do not pass but that CSSB 707
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
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 398 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 Fraser moved that SB 398 be left pending; without
objection, it was so ordered.
The chair laid out SB 918, pending in committee. Senator Estes
moved that Committee Amendment 1, previously laid out in
committee, be adopted; without objection, it was so ordered.
Senator Estes requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Estes then moved that the committee substitute
be adopted; without objection, it was so ordered. Senator Estes
moved that SB 918 do not pass but that CSSB 918 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 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 711, pending in committee, and recognized
the author, Senator Carona, to explain the bill. Senator Carona
sent up a new committee substitute; the chair recognized Senator
Carona to explain the difference between the committee
substitute and the bill as filed. 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 711 do not pass but that CSSB 711 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 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 712, pending in committee, and recognized
the author, Senator Carona, to explain the bill. Senator Carona
moved adoption of the committee substitute, previously sent up
in committee; without objection, it was so ordered. Senator
Carona moved that SB 712 do not pass but that CSSB 712 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 Carona
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The subcommittee report on SB 1096 was laid out by Senator
Fraser. Senator West was recognized to explain the
subcommittee report on SB 1096. Senator Brimer sent up a new
committee substitute; the chair recognized Senator West to
explain the difference between the committee substitute and the
bill as filed. Senator Brimer moved adoption of the new
committee substitute in lieu of adopting the subcommittee
report; without objection, it was so ordered. Senator Brimer
moved that SB 1096 do not pass but that CSSB 1096 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.
The subcommittee report on SB 1100 was laid out by Senator
Carona. Senator Carona was recognized to explain the
subcommittee report on CSSB 1100, adopted in subcommittee.
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 6 ayes, 0 nay, 0 present not voting, and 3
absent. Senator Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 1142 was laid out by Senator
Carona. Senator Carona was recognized to explain the
subcommittee report on CSSB 1142, adopted in subcommittee.
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 6 ayes, 0 nay, 0 present not voting, and 3
absent.
The chair laid out SB 542 and recognized the author, Senator
West, 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 542 be left pending;
without objection, it was so ordered.
The chair laid out SB 1585 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 1585 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 CSSB 305 and CSSB 624; Senator Eltife on CSSB 707,
CSSB 711, CSSB 712, CSSB 918, CSSB 1096, CSSB 1100, CSSB 1142,
and CSSB 1159; Senator Van de Putte on CSSB 305, CSSB 707, CSSB
1159, CSSB 918, CSSB 711, CSSB 712, CSSB 1096, and CSSB 624.
Without objection, it was so ordered. These votes are reflected
in the final votes on the aforementioned bills.
The chair laid out SB 1829 and recognized Senator Carona, in the
absence of the author, 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 1829 be left pending;
without objection, it was so ordered.
The posting rule, Senate Rule 11.18, was suspended to hear the
following subcommittee report:
CSSB 1096
There was no action taken for the following subcommittee report:
SB 831
There being no further business, at 4:05 p.m. Chairman Fraser
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