MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Thursday, April 24, 2003 
                                     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, April 24, 2003, in the Betty King  
         Committee Hearing Room, 2E.20, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Chairman           None 
         Senator Kip Averitt, Vice Chairman 
         Senator Kenneth Armbrister 
         Senator Kim Brimer 
         Senator Craig Estes 
         Senator Mike Jackson 
         Senator Eddie Lucio, Jr. 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         The Chairman called the meeting to order at 9:27 a.m. with  
         Senator Jackson in the chair. There being a quorum present, the  
         following business was transacted:   
          
         The Chairman laid out HB 802 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         Chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  The Chairman moved that HB 802 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Williams moved that  
         HB 802 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.  Senator Williams moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The Chairman advised that no action would be taken on SB 256,  
         SJR 42 and SJR 47.   
          
         The Chairman laid out SB 1176 and recognized the author, Senator  
         Harris, to explain the bill.  Senator Armbrister sent up a  
  
         proposed committee substitute, and Committee Amendment 1; they  
         were explained by Senator Harris, although they were not  
         adopted.  Witnesses testifying and registering on the bill are  
         shown on the attached list.  At 10:15 a.m. Senator Fraser  
         assumed the chair.  Upon completion of public testimony, the  
         Chairman moved that public testimony be closed; without  
         objection, it was so ordered.  The Chairman then moved that SB  
         1176 be left pending; without objection, it was so ordered.   
          
         At 10:57 a.m. the Chairman moved that the committee stand  
         recessed until 15 minutes after adjournment of the Senate;  
         without objection, it was so ordered.   
          
         At 3:15 p.m. the committee reconvened.   
          
         The Chairman laid out SB 1326 and recognized the author, Senator  
         Carona. Senator Fraser sent up a committee substitute; Senator  
         Carona explained the difference between the committee substitute  
         and the bill as filed.  The Chairman moved that SB 1326 be left  
         pending for a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Fraser moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Senator Lucio moved that SB 1326 do not pass  
         but that CSSB 1326 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 Lucio moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The Chairman laid out SB 113 and recognized the author, Senator  
         Van de Putte, to explain the bill.  The witness registering on  
         the bill is shown on the attached list.  Senator Van de Putte  
         sent up a committee substitute and explained the difference  
         between the committee substitute and the bill as filed.  The  
         Chairman moved that SB 113 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 the committee substitute;  
         without objection, it was so ordered.  Senator Van de Putte then  
         moved that SB 113 do not pass but that CSSB 113 be reported back  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 9 ayes, 0  
         nay, 0 present not voting, and 0 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 Chairman laid out HB 850 and recognized Senator Van de  
         Putte, in the absence of the Senate sponsor, to explain the  
         bill.  Witnesses testifying on the bill are shown on the  
         attached list.  The Chairman moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator Fraser  
         moved that HB 850 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
  
         Van de Putte moved that HB 850 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 9 ayes, 0 nay, 0  
         present not voting, and 0 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 Chairman laid out HB 1625 and recognized the Senate sponsor,  
         Senator Williams, to explain the bill.  There were not witnesses  
         testifying or registering on the bill.  Senator Williams moved  
         that HB 1625 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.  Senator Williams moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The Chairman laid out SB 1039, pending in committee, and  
         recognized the author, Senator Van de Putte.  Senator Van de  
         Putte sent up a committee substitute and explained the  
         difference between the committee substitute and the bill as  
         filed.  Senator Van de Putte moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator Van  
         de Putte moved that SB 1039 do not pass but that CSSB 1039 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 9  
         ayes, 0 nay, 0 present not voting, and 0 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 Chairman laid out HB 44 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  There were no  
         witnesses testifying or registering on the bill.  The Chairman  
         moved that the bill be left pending for a quorum; without  
         objection, it was so ordered.  Upon the arrival of a quorum,  
         Senator Armbrister moved that HB 44 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 Armbrister moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The Chairman laid out SB 1257 and recognized the author, Senator  
         Armbrister.  Senator Armbrister sent up a committee substitute  
         and explained the difference between the substitute and the bill  
         as filed.  Witnesses testifying on the bill are shown on the  
         attached list.  The Chairman moved that the public testimony be  
         closed; without objection, it was so ordered.  The Chairman  
         moved that SB 1257 be left pending; without objection, it was so  
         ordered.   
          
         The Chairman laid out SB 1606, pending in committee.  Senator  
         Fraser sent up a committee substitute and, in the absence of the  
  
         author, explained the difference between the substitute and the  
         bill as filed.  Senator Lucio moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Fraser moved that SB 1606 do not pass but that CSSB 1606 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.   
          
         The Chairman laid out HB 804, pending in committee.  In the  
         absence of the Senate sponsor, Senator Fraser explained  
         Committee Amendment 1.  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 804 do not pass but that CSHB 804  
         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, 2 nays, 0 present not voting, and 0 absent.   
          
         The Chairman read Motions in Writing requesting unanimous  
         consent to be shown voting aye submitted by:  Senator Van de  
         Putte on HB 44; Senator Williams on HB 44, CSHB 804, CSSB 1039  
         and CSSB 1606; Senator Averitt on HB 802, HB 850, HB 1625, CSSB  
         113, CSSB 1039 and CSSB 1326; Senator Armbrister on HB 802, HB  
         850, HB 1625, CSSB 113, and CSSB 1039; Senator Brimer on HB 802,  
         HB 850, HB 1625, CSSB 113, CSSB 1039, and CSSB 1326; and Senator  
         Jackson on CSSB 1039, CSSB 1326 and CSSB 1606.  Without  
         objection, it was so ordered.  These votes are reflected in the  
         final votes of the aforementioned bills.   
          
         There being no further business, at 4:40 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 
          
         __________________________ 
         Barbara Henderson, Clerk