MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                               Thursday, May 8, 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, May 8, 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 
                                           
                                       ***** 
                                           
         Chairman Fraser called the meeting to order at 9:08 a.m.  There  
         being a quorum present, the following business was transacted:   
          
         The Chairman laid out HB 1165, pending in committee.  Senator  
         Fraser sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Armbrister sent  
         up Committee Amendment 2 and moved adoption; without objection,  
         the amendment was adopted.  Senator Armbrister requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Armbrister then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Armbrister moved  
         that HB 1165 do not pass but that CSHB 1165 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 Lucio moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 941 and recognized the Senate sponsor,  
         Senator Estes, to explain the bill.  Witnesses 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 941 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Estes 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 9  
         ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Estes  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 2926 and recognized the Senate sponsor,  
         Senator Estes, to explain the bill.  Senator Fraser sent up a  
         committee substitute and Senator Estes explained the difference  
         between the committee substitute and the bill as filed.  There  
         were no witnesses testifying or registering on bill.  The  
         Chairman moved that HB 2926 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 moved that  
         HB 2926 do not pass but that CSHB 2926 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 Estes moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The Chairman announced that HB 1282 would not be heard, and that  
         SB 675 would be heard after 1:30 p.m. as indicated on the  
         revised posting.     
          
         Senator Brimer assumed the chair, laid out SB 1944 and  
         recognized the author, Senator Fraser. Senator Fraser sent up a  
         committee substitute and explained the difference between the  
         substitute and the bill as filed.  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 SB 1944  
         be left pending to await 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.  Senator Fraser moved that SB 1944 do not pass but  
         that CSSB 1944 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 Fraser moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The Chairman laid out SB 1651 and recognized Senator Fraser, in  
         the absence of the author, to explain the bill.  Senator Brimer  
         sent up a committee substitute and explained the difference  
         between the substitute and the bill as filed.  The witness  
         testifying on the bill is shown on the attached list.  Senator  
         Brimer moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Brimer moved that SB 1651  
  
         do not pass but that CSSB 1651 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 Fraser resumed the chair, laid out HB 849, pending in  
         committee, and recognized the Senate sponsor, Senator Jackson.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Senator Jackson sent up a committee  
         substitute and explained the difference between the substitute  
         and the bill as filed.  Senator Jackson then sent up Committee  
         Amendment 1 and explained the amendment.  The Chairman moved  
         that HB 849 be left pending; without objection, it was so  
         ordered.     
          
         The Chairman laid out SB 292, pending in committee, and  
         recognized the author, Senator Brimer.  Senator Brimer explained  
         the proposed committee substitute laid out at a previous  
         meeting.  Senator Brimer sent up Committee Amendment 1 to the  
         proposed substitute and moved adoption; without objection, the  
         amendment was adopted.  Senator Brimer requested unanimous  
         consent to roll the proposed substitute and amendment into a new  
         committee substitute; without objection, it was so ordered.   
         Senator Brimer then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.  Senator Brimer  
         moved that SB 292 do not pass but that CSSB 292 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 Chairman read Motions in Writing requesting unanimous  
         consent to be shown voting aye submitted by the following:   
         Senator Lucio on HB 941, CSHB 1165, CSSB 1651 and CSHB 2926;  
         Senator Averitt on HB 941, CSHB 1165, CSHB 2926, CSSB 1944, and  
         CSSB 1651; Senator Van de Putte on HB 941, CSHB 2926, CSSB 1651,  
         CSSB 1944, and CSHB 1165; Senator Williams on CSSB 1651, HB 941,  
         CSHB 1165, CSHB 2926, and CSSB 1944.  Without objection, it was  
         so ordered.  These votes are reflected in the final votes on the  
         aforementioned bills.   
          
         Senator Averitt assumed the chair, laid out HB 730 and  
         recognized the Senate sponsor, Senator Fraser, to explain the  
         bill.  Public testimony commenced on HB 730. 
          
         At 11:00 a.m. the Chairman moved that the committee stand  
         recessed until ten minutes after adjournment of the Senate and  
         that testimony on HB 730 would continue when the committee  
         reconvened; without objection, it was so ordered.   
          
         At 2:35 p.m. the committee reconvened with Senator Williams in  
         the chair, and public testimony on HB 730 resumed.  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 730 be left pending; without objection, it was so ordered.   
         Senator Fraser resumed the chair, laid out SB 675 and recognized  
         the author, Senator Estes, 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  
         SB 675 be left pending; without objection, it was so ordered.   
          
         There being no further business, at 4:12 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