MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, May 10, 2005 11:00 a.m. or upon adjournment 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 10, 2005, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Chairman Senator Leticia Van de Putte Senator Kip Averitt, Vice Chairman Senator Kenneth Armbrister Senator Kim Brimer Senator John Carona Senator Kevin Eltife Senator Craig Estes Senator Eddie Lucio, Jr. ***** The chair called the meeting to order at 12:47 p.m. The chair laid out HB 1045 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. 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 1045 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt then moved that HB 1045 do not pass but that CSHB 1045 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2179 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. There were no witnesses registered on the bill. Senator Fraser moved that HB 2179 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved that HB 2179 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out the subcommittee report on SB 1730. Senator Janek was recognized to explain the subcommittee report on CSSB 1730, adopted in subcommittee. Senator Fraser moved that CSSB 1730 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Averitt then moved that SB 1730 do not pass but that CSSB 1730 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The roll was called at 1:05 p.m. and a quorum was present. The chair laid out HB 2266 and recognized the Senate sponsor, Senator Deuell, to explain the bill. Senator Estes sent up a committee substitute; the chair recognized Senator Deuell 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 Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that HB 2266 do not pass but that CSHB 2266 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, 1 nay, 0 present not voting, and 2 absent. The chair laid out HB 481 and recognized the Senate sponsor, Senator Zaffirini, 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 481 be left pending; without objection, it was so ordered. The chair laid out HB 808 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 808 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. The chair laid out the subcommittee report on SB 559. Senator Brimer was recognized to explain the subcommittee report on SB 559. Senator Carona moved that the subcommittee report not be adopted; without objection, it was so ordered. Senator Brimer sent up a new substitute in lieu of the subcommittee report and explained the new substitute. Senator Fraser opened public testimony since there was a new substitute was laid out in the full committee. There were no witnesses registered on the bill. Senator Brimer moved adoption of the new substitute in lieu of the subcommittee report; without objection, it was so ordered. Senator Brimer moved that SB 559 do not pass but that CSSB 559 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 the subcommittee report on HB 1938. Senator Carona was recognized to explain the subcommittee report on CSHB 1938, adopted in subcommittee. Senator Carona then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Fraser did not reopen public testimony since it had already been heard in the subcommittee; however, witnesses registering on the bill are on the attached list. Senator Brimer moved that HB 1938 do not pass but that CSHB 1938 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 the subcommittee report on HB 1734. Senator Carona was recognized to explain the subcommittee report on CSHB 1734, adopted in subcommittee. Senator Carona then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Carona moved that HB 1734 do not pass but that CSHB 1734 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1893 and recognized the Senate sponsor, Senator Averitt, 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 Averitt moved that HB 1893 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 698 and recognized the Senate sponsor, Senator Averitt, to explain the bill. Senator Averitt 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 Fraser moved that HB 698 be left pending; without objection, it was so ordered. The chair laid out HB 1745 and recognized the Senate sponsor, Senator Carona, 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 1745 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Carona moved that HB 1745 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 941 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 Fraser moved that HB 941 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Eltife moved that HB 941 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 2930 and recognized Senator Carona, 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 Carona moved that HB 2930 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2438 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. Senator Carona sent up Committee Amendment 1 and explained the amendment. 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 the amendment; without objection, it was so ordered. Senator Carona requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Carona then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Carona moved that HB 2438 do not pass but that CSHB 2438 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 Chairman read Motions in Writing requesting unanimous consent to be shown voting aye on the following: Senator Estes on CSSB 559, CSHB 1938, CSHB 1734, HB 1893, HB 2930, HB 1745, and HB 941; Senator Lucio on CSHB 1045, HB 2179, CSSB 1730, HB 1893, HB 2930, HB 1745, HB 941, and CSHB 2438; Senator Armbrister on HB 808, CSSB 559, CSHB 1938, CSHB 1734, HB 1893, HB 1745, HB 941, HB 2930, and CSHB 2438; Senator Carona on CSHB 1045, HB 2179, CSSB 1730, and CSHB 2266; Senator Lucio requesting to be shown voting nay on CSHB 2266. Without objection, it was so ordered. These votes are reflected in the final votes on the aforementioned bills. There being no further business, at 2:24 p.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