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