MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 26, 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 26, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman 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 9:11 a.m. There being
a quorum present, the following business was transacted:
The chair laid out the subcommittee report on SB 1253. Senator
Brimer was recognized to explain the subcommittee report on SB
1253. Senator Brimer sent up a committee substitute; the chair
recognized Senator Brimer to explain the difference between the
committee substitute and the bill as filed. Senator Brimer
moved adoption of the committee substitute in lieu of adopting
the subcommittee report; without objection, it was so ordered.
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 SB 1253 do not pass but that CSSB 1253 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 Brimer moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1528 and recognized the Senate sponsor,
Senator Madla, to explain the bill. Senator Brimer sent up
Committee Amendment 1 and explained the amendment. 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 to adopt
Committee Amendment 1; without objection, it was so ordered.
Senator Brimer requested unanimous consent to roll Committee
Amendment 1 into a committee substitute; without objection, it
was so ordered. Senator Brimer then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Brimer moved that HB 1528 do not pass but that CSHB 1528
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
Brimer moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 1393 and recognized the Senate sponsor,
Senator Shapiro, 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
HB 1393 be reported favorably 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 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 1287 and recognized the author, Senator
Lucio, Jr., to explain the bill. There were no witnesses
registered on the bill. Senator Fraser moved that SB 1287 be
left pending; without objection, it was so ordered.
Senator Fraser announced that SB 1580 would not be heard today.
The chair laid out HB 885 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 885 be reported favorably 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 Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 9:50 a.m. Senator Armbrister assumed the chair.
The chair laid out HB 2761 and recognized the Senate sponsor,
Senator Fraser, 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 2761 be reported
favorably 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 Fraser
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 9:53 a.m. Senator Fraser resumed the chair.
The chair laid out HB 2870 and recognized the Senate sponsor,
Senator Eltife, 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 Eltife moved that HB 2870
be reported favorably 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 Eltife moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB 2872 and recognized the Senate sponsor,
Senator Eltife, 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 Eltife moved that
HB 2872 be reported favorably 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 Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 9:59 a.m. Senator Van de Putte assumed the chair.
The chair laid out the subcommittee report on HB 2307. Senator
Fraser was recognized to explain the subcommittee report on HB
2307. Senator Fraser then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Fraser moved that HB 2307 be reported favorably 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 Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 10:01 a.m. Senator Fraser resumed the chair.
The chair laid out the subcommittee report on SB 1304. Senator
Fraser explained the subcommittee report on CSSB 1304, adopted
in subcommittee. Senator Van de Putte then moved adoption of
the subcommittee report; there being no objection, it was so
ordered. Senator Van de Putte moved that SB 1304 do not pass
but that CSSB 1304 be reported favorably 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 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 237, pending in committee, and recognized
Senator Eltife, in the absence of the author, to explain the
bill. Senator Eltife sent up Committee Amendment 1 to the
proposed committee substitute and explained the amendment. The
proposed committee substitute was sent up at a previous hearing.
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 adoption of Committee Amendment 1; without objection, it
was so ordered. Senator Carona requested unanimous consent to
roll the proposed committee substitute and amendment into a new
committee substitute; without objection, it was so ordered.
Senator Carona then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Carona
moved that SB 237 do not pass but that CSSB 237 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 chair read Motions in Writing requesting unanimous consent
to be shown voting aye submitted the following: Senator Lucio on
HB 885, HB 2761, HB 2870, HB 2872, CSSB 1253, HB 2307, CSSB
1304, and CSSB 237; Senator Armbrister on HB 1393, CSHB 1528,
CSSB 1253, HB 2307, and CSSB 1304; Senator Carona on CSSB 1253,
CSHB 1528, HB 1393, HB 885, HB 2761, HB 2870, HB 2872, CSSB
1304, and HB 2307. These votes are reflected in the final votes
on the aforementioned bills.
There being no further business, at 10:21 a.m. Chairman Fraser
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
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Troy Fraser, Chairman
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Tatum Baker, Clerk