MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Thursday, April 21, 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 21, 2005, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Chairman Senator Kip Averitt Senator Kenneth Armbrister, Vice Chairman Senator John Carona Senator Kim Brimer Senator Kevin Eltife Senator Craig Estes Senator Eddie Lucio, Jr. Senator Leticia Van de Putte ***** The chair called the meeting to order at 9:09 a.m. The chair laid out HB 1236 and recognized the Senate sponsor, Senator Harris, 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 HB 1236 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 1236 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 1056 and recognized the author, Senator Lucio, Jr., 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 1056 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 1056 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 HB 1154 and recognized Senator Lucio, Jr., in the absence of the Senate sponsor, 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 HB 1154 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 1154 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. Senator Lucio, Jr. assumed the chair. The chair laid out HB 1319 and recognized the Senate sponsor, 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 Lucio, Jr. moved that HB 1319 be left pending; without objection, it was so ordered. HB 1319 was brought back up from pending business. Senator Fraser moved that HB 1319 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1507 and recognized the Senate sponsor, 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. The roll was called at 9:36 a.m. and a quorum was present. Senator Fraser moved that HB 1507 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 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 246 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Lucio, Jr. sent up Committee Amendment 1 to the proposed committee substitute and Senator Gallegos 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 246 be left pending; without objection, it was so ordered. The subcommittee report on SB 1764 was laid out by Senator Fraser. Senator Gallegos, Jr. was recognized to explain the subcommittee report on CSSB 1764, adopted in subcommittee. Senator Lucio then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Lucio, Jr. moved that SB 1764 do not pass but that CSSB 1764 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, 0 nay, 0 present not voting, and 3 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 HB 1286 and recognized the Senate sponsor, 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 Brimer moved that HB 1286 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio, Jr. assumed the chair. The chair laid out SB 1748 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 testifying and registering on the bill are shown on the attached list. Senator Eltife assumed the chair at 10:36 a.m. Senator Lucio, Jr. then resumed the chair at 10:49 a.m. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Frasser moved adoption of the committee substitute; without objection, it was so ordered. Senator Fraser moved that SB 1748 do not pass but that CSSB 1748 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. Senator Fraser resumed the chair. The Chairman read a Motion in Writing requesting unanimous consent to be shown voting aye submitted by Senator Van de Putte on SB 1056, HB 1154, HB 1236, HB 1286, HB 1319, HB 1507, and CSSB 1764. These votes are reflected in the final votes on the aforementioned bills. At 10:56 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 1:20 p.m. the committee reconvened. The chair laid out SB 618, SB 617, and SB 625 together and recognized the author, Senator Shapleigh, to explain the bills. Witnesses testifying and registering on the bill are shown on the attached list. At 2:09 p.m. Senator Van de Putte assumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. At 2:19 p.m. Senator Fraser resumed the chair. Senator Fraser then moved that SB 618, SB 617, and SB 625 be left pending; without objection, it was so ordered. At 2:24 p.m. the committee stood at ease. At 2:37 p.m. the committee reconvened. The chair laid out SB 1697, pending in committee, by Senator Duncan. Senator Eltife moved to withdraw Committee Amendment 1, previously sent up in committee. Without objection, it was so ordered. Senator Eltife then moved that SB 1697 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, 0 nay, 0 present not voting, and 4 absent. There was no action taken for the following subcommittee report: SB 831 There being no further business at 2:41 p.m. the Chairman 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