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