MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Friday, May 20, 2005
9:30 p.m. or upon adjournment
Betty King Committee Hearing Room, 2E.20
*****
Pursuant to suspension of Senate Rules 11.10 and 11.18, a public
hearing of the Senate Committee on Business & Commerce was held
on Friday, May 20, 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 Kenneth Armbrister Senator Leticia Van de
Putte
Senator Kim Brimer
Senator John Carona
Senator Kevin Eltife
Senator Craig Estes
Senator Eddie Lucio, Jr.
*****
The chair called the meeting to order at 10:09 p.m.
The chair laid out the subcommittee report on HB 551. Senator
Carona was recognized to explain the subcommittee report on HB
551.
The roll was called at 10:10 p.m. and a quorum was present.
There were no witnesses registered on the bill. Senator Carona
then moved adoption of the subcommittee report; there being no
objection, it was so ordered. Senator Carona moved that HB 551
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, 1 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 the subcommittee report on HB 1253. Senator
Carona was recognized to explain the subcommittee report on HB
1253. There were no witnesses registered on the bill.
Senator Carona moved that HB 1253 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 Carona 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 1659. Senator
Carona was recognized to explain the subcommittee report on HB
1659. There were no witnesses registered on the bill. Senator
Lucio, Jr. moved that HB 1659 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, 1
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 Eltife on HB
1253 and HB 551. Without objection, it was so ordered. These
votes are reflected in the final votes on the aforementioned
bills.
The chair laid out the subcommittee report on HB 2755. Senator
Carona was recognized to explain the subcommittee report on HB
2755. There were no witnesses registered on the bill. Senator
Carona moved that HB 2755 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 Carona 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 2928. Senator
Carona was recognized to explain the subcommittee report on CSHB
2928, adopted in subcommittee. There were no witnesses
registered on the bill. Senator Carona moved that HB 2928 do
not pass but that CSHB 2928 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 Carona 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 3036. Senator
Carona was recognized to explain the subcommittee report on HB
3036. There were no witnesses registered on the bill. Senator
Carona moved that HB 3036 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 Carona 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 HJR 80. Senator
Carona was recognized to explain the subcommittee report on HJR
80. There were no witnesses registered on the bill. Senator
Carona moved that HJR 80 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 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 1547 and recognized Senator Estes, 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 Estes moved that HB 1547
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 1583 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Armbrister
sent up Committee Amendment 1 and explained the amendment.
There were no witnesses registered on the bill. Senator
Armbrister moved to adopt the amendment; without objection, it
was so ordered. Senator Armbrister moved that HB 1583, as
amended, 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 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 1765 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses registered on the bill. Senator Carona moved that
HB 1765 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 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 843, pending business, and recognized
Senator Carona, in the absence of the Senate sponsor, 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. Senator
Fraser reopened public testimony since there was a committee
substitute there being none public testimony was 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 843 do not pass but that CSHB 843
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
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 2421, pending business, and recognized
Senator Carona, in the absence of the Senate sponsor, to explain
the bill. Committee Amendment 1 had been sent up at a previous
hearing. Senator Carona asked that the Committee Amendment 1 be
withdrawn; without objection, it was so ordered. Senator Carona
moved that HB 2421 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
failed by a record vote of 4 ayes, 2 nays, 0 present not voting,
and 3 absent.
The posting rule, Senate Rule 11.10 and 11.18, were suspended to
hear the following bills and subcommittee reports:
HB 1547
HB 1583
HB 1765
Subcommittee Reports:
HB 551
HB 1253
HB 1659
HB 2755
CSHB 2928
HB 3036
HJR 80
There being no further business, at 10:33 p.m. Chairman Fraser
moved that the Committee stand recessed subjected to the call of
the chairman. Without objection, it was so ordered.
_______________________________
Senator Troy Fraser, Chairman
_______________________________
Tatum Baker, Clerk