MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, May 3, 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, May 3, 2005, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Chairman Senator John Carona Senator Kip Averitt, Vice Chairman Senator Kenneth Armbrister 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 9:06 a.m. At 9:07 a.m. Senator Eltife assumed the chair. The chair laid out HB 2298 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 2298 be left pending to await a quorum; without objection, it was so ordered. Senator Averitt assumed the chair. Upon arrival of a quorum, Senator Fraser moved that HB 2298 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. Senator Eltife assumed the chair. The chair laid out SB 745 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Fraser moved that SB 745 be left pending; without objection, it was so ordered. At 9:15 a.m. Senator Fraser resumed the chair. The chair laid out HB 2553 and recognized Senator Averitt, in the absence of the Senate sponsor, 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 2553 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 2553 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 HB 1531 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 1531 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 1531 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 HB 1018 and recognized Representative Melissa Noriega, to explain the bill. The Senate sponsor is Senator Ellis. 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 1018 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 HB 1018 do not pass but that CSHB 1018 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 CSHB 1018 be recommended for placement on the Local & Uncontested Calendar; there was an objection, the motion failed. The roll was called at 9:29 a.m. and a quorum was present. The chair laid out HB 1130 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Ellis 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 Lucio moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that HB 1130 do not pass but that CSHB 1130 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 laid out HB 1982 and recognized Senator Eltife, in the absence of the Senate sponsor, to explain the bill. There were no witnesses registering on the bill. Senator Fraser moved that HB 1982 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Eltife moved that HB 1982 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1580 and recognized Senator Averitt, in the absence of the author, 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. Senator Fraser moved to limit testimony on SB 1580 to two minutes; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. At 9:57 a.m. Senator Armbrister assumed the chair. At 10:21 a.m. Senator Fraser resumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Fraser moved that SB 1580 be left pending; without objection, it was so ordered. The chair laid out HB 210 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. There were no witnesses registering on the bill. Senator Fraser moved that HB 210 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 210 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 2171 and recognized the Senate sponsor, Senator Armbrister, 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 Armbrister moved that HB 2171 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 Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 168 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. There were no witnesses registering on the bill. Senator Armbrister moved that HB 168 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. The chair laid out SB 757 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Armbrister 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 Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that SB 757 do not pass but that CSSB 757 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 Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman read Motions in Writing requesting unanimous consent to be shown voting aye submitted by the following: Senator Averitt on HB 210, CSHB 1018, HB 1982, HB 2171, HB 168, and CSSB 757; Senator Armbrister on CSHB 1130, HB 1531, HB 2298, and HB 2553; Senator Estes on CSHB 1130, HB 1531, HB 2298, and HB 2553; Senator Van de Putte on CSHB 1130, HB 1531, HB 2298, HB 2553, HB 210, CSHB 1018, HB 1982, HB 2171, HB 168, and CSSB 757. Without objection, it was so ordered. These votes are reflected in the final votes on the aforementioned bills. There being no further business, at 10:51 a.m. Chairman Fraser 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