MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 12, 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, May 12, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Kenneth
Armbrister
Senator Kip Averitt, Vice Chairman 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 9:00 a.m.
The chair laid out SB 178 in the absence of the author and
explained the bill. Senator Fraser sent up a committee
substitute and explained 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 178 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Carona moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Carona moved that SB 178 do not pass but that CSSB 178
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
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 1567 and recognized the Senate sponsor,
Senator Williams, to explain the bill. Senator Fraser sent up a
committee substitute; the chair recognized Senator Williams 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 HB 1567 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Carona moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Carona moved that HB 1567 do not pass but that CSHB 1567 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 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 989 and recognized the Senate sponsor,
Senator Seliger, to explain the bill. Senator Fraser sent up
Committee Amendment 1 and Senator Seliger was recognized to
explain the amendment. Senator Fraser sent up Committee
Amendment 2 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 Fraser moved that HB 989
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Carona moved to
adopt Committee Amendment 1 and Committee Amendment 2; without
objection, it was so ordered. Senator Carona requested
unanimous consent to roll the amendments 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 989 do not pass but that CSHB 989 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 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 1833 and recognized the Senate sponsor,
Senator Seliger, to explain the bill. Senator Carona sent up
Committee Amendment 1 and Committee Amendment 2. Senator
Seliger was recognized to explain the amendments. 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 1833
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
adoption of Committee Amendment 1 and Committee Amendment 2;
without objection, it was so ordered. Senator Estes requested
unanimous consent to roll the amendments 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 1833
do not pass but that CSHB 1833 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 the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2614 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr.
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 2614 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio moved
adoption of Committee Amendment 1; without objection, it was so
ordered. Senator Lucio, Jr. requested unanimous consent to roll
the amendment into a committee substitute; without objection, it
was so ordered. Senator Lucio, Jr. then moved that the
committee substitute be adopted; without objection, it was so
ordered. Senator Lucio, Jr. moved that HB 2614 do not pass but
that CSHB 2614 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 Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The roll was called at 9:40 a.m. and a quorum was present.
The chair laid out HB 2243 and recognized the Senate sponsor,
Senator Carona, to explain the bill. Senator Carona sent up a
committee substitute; the chair recognized Senator Carona 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 Carona moved adoption of the committee substitute;
without objection, it was so ordered. Senator Carona moved that
HB 2243 do not pass but that CSHB 2243 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 542, pending business, and recognized
Senator Lucio, Jr., in the absence of the author, to explain the
bill. Senator Lucio, Jr. sent up a committee substitute; the
chair recognized Senator Lucio, Jr. to explain the difference
between the committee substitute and the bill as filed. Senator
Fraser reopened public testimony since there was a committee
substitute. 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 Lucio,
Jr. moved adoption of the committee substitute; without
objection, it was so ordered. Senator Lucio, Jr. moved that SB
542 do not pass but that CSSB 542 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 Lucio, Jr. moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chairman read a Motion in Writing requesting unanimous
consent to be shown voting aye submitted by Senator Averitt on
CSSB 178, CSHB 989, CSHB 1567, CSHB1833, CSHB, 2243, and CSHB
2614. Without objection, it was so ordered. These votes are
reflected in the final votes on the aforementioned bills.
The chair laid out HB 2760 and recognized the Senate sponsor,
Senator Averitt, 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 Averitt sent up Committee Amendment 1 to
the proposed substitute and explained the amendment. Senator
Fraser sent up Committee Amendment 2 to the proposed substitute
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 Averitt moved adoption of
Committee Amendment 1 and Committee Amendment 2; without
objection, it was so ordered. Senator Averitt requested
unanimous consent to roll the amendments and the proposed
committee substitute into a new committee substutite; without
objection, it was so ordered. Senator Averitt then moved that
the new committee substitute be adopted; without objection, it
was so ordered. Senator Averitt moved that HB 2760 do not pass
but that CSHB 2760 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 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 1458 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses registering on the bill. Senator Averitt
moved that HB 1458 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 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 629 and recognized Senator Averitt, in the
absence of the Senate sponsor, to explain the bill. Senator
Averitt 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 Averitt moved adoption of Committee Amendment 1; without
objection, it was so ordered. Senator Averitt requested
unanimous consent to roll the amendment into a committee
substitute; without objection, it was so ordered. Senator
Averitt then moved that the committee substitute be adopted;
without objection, it was so ordered. Senator Averitt moved
that HB 629 do not pass but that CSHB 629 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 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 2746 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. There
were no witnesses registered on the bill. Senator Averitt moved
that HB 2746 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 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 1235 and recognized Senator Averitt, 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 Estes moved that HB 1235 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 Estes moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 481, pending business, and explained the
bill in of the absence of the Senate sponsor, to explain the
bill. Senator Lucio, Jr. sent up Committee Amendment 1 and
explained the amendment. Senator Fraser reopened public
testimony since there was an amendment on the bill. There were
no witnesses registered on the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Lucio moved adoption of Committee Amendment 1;
without objection, it was so ordered. Senator Lucio, Jr.
requested unanimous consent to roll the amendment into a
committee substitute; without objection, it was so ordered.
Senator Lucio, Jr. then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator Lucio,
Jr. moved that HB 481 do not pass but that CSHB 481 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 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 Eltife on CSSB 178, CSHB 989, CSHB 1567, CSHB 1833, CSHB
2243, CSHB 2614, and CSHB 542; Senator Van de Putte on CSHB
2760, HB 1458, CSHB 629, HB 2746, HB 1235, and CSHB 481.
Without objection, it was so ordered. These votes are reflected
in the final votes on the aforementioned bills.
There being no further business, at 10:13 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