MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 17, 2005
8:00 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 17, 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 Kim Brimer Senator Kenneth
Armbrister
Senator Kevin Eltife Senator John Carona
Senator Craig Estes
Senator Eddie Lucio, Jr.
Senator Leticia Van de Putte
*****
The chair called the meeting to order at 8:04 a.m.
The chair laid out HB 135 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 135 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Brimer moved that HB 135 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
Brimer moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 8:06 a.m. Senator Estes assumed the chair.
The chair laid out HB 1799 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. Senator Fraser sent up
Committee Amendment 1 and explained the amendment. There were
no witness registered on the bill. Senator Estes moved that HB
1799 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio moved
adoption of the amendment; 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 1799 do not pass but that CSHB
1799 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, 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 3250 and recognized the Senate sponsor,
Senator Fraser, 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 3250
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved
that HB 3250 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 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 3460 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 Estes moved that HB 3460 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that HB 3460 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
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 2273 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 Estes moved that HB 2273 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that HB 2273 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
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 1939 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 Estes moved that HB 1939 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio sent up a committee
substitute; the chair recognized Senator Fraser to explain the
difference between the committee substitute and the bill as
filed. Senator Lucio, Jr. moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Lucio, Jr. moved that HB 1939 do not pass but that CSHB 1939 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,
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 833 and recognized Senator Fraser, in the
absence of the Senate sponsor, 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. There were no witnesses
registered on the bill. Senator Estes moved that HB 833 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Estes moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Estes then moved that HB 833 do not pass but that CSHB
833 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, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 8:19 a.m. Senator Fraser resumed the chair.
The chair laid out HB 2218 and recognized the Senate sponsor,
Senator Brimer, to explain the bill. Senator Brimer sent up
Committee Amendment 1 and explained the amendment. Committee
Amendment 1 was left pending. 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 2218 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, 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; without objection,
it was so ordered. Senator Brimer moved that HB 2218 do not
pass but that CSHB 2218 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 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 607 and recognized Senator Brimer, in the
absence of the Senate sponsor, to explain the bill. The chair
then recognized Representative Giddings to further 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 607 be left pending; without
objection, it was so ordered.
The chair laid out HB 628 and recognized the Senate sponsor,
Senator Ellis, 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 628 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that HB 628 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
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 2451 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill. There were no
witnesses registered on the bill. Senator Fraser moved that HB
2451 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that HB 2451 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 Lucio, Jr. objected that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 2526 and recognized Senator Brimer, 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 2526
be left pending; without objection, it was so ordered. Senator
Brimer moved that HB 2526 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 Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The roll was called at 9:58 a.m. and a quorum was present.
The chair laid out HB 511 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses registered on the bill. Senator Van de Putte moved
that HB 511 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 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 HB 1021 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. There were no cards
registered on the bill. Senator Fraser moved that HB 1021 be
left pending; without objection, it was so ordered.
The chair laid out HB 1855 and recognized the Senate sponsor,
Senator Ellis, 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 Lucio,
Jr. moved that HB 1855 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 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 2223 and recognized the Senate sponsor,
Senator Ellis, 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 Lucio, Jr. moved that HB
2223 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 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 2267 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. Senator Lucio, Jr. sent up
Committee Amendment 1. 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 2267 be left pending;
without objection, it was so ordered.
The chair laid out HB 2581 and recognized Senator Van de Putte,
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 Van de Putte
moved that HB 2581 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 4 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 1279 and recognized Senator Van de Putte,
in the absence of the Senate sponsor, to explain the bill.
Senator Van de Putte sent up Committee Amendment 1, Committee
Amendment 2, Committee Amendment 3, and Committee Amendment 4
and explained the amendments. Witnesses testifying and
registering on the bill are shown on the attached list. At
10:40 a.m. Senator Lucio, Jr. assumed the chair. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Senator Lucio, Jr. moved that HB 1279 be left
pending; without objection, it was so ordered.
There being no further business, at 10:45 a.m. Senator Lucio,
Jr. moved that the Committee stand recessed subject to the call
of the chairman. Without objection, it was so ordered.
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Senator Troy Fraser, Chairman
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Tatum Baker, Clerk