MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                               Tuesday, May 20, 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 Tuesday, May 20, 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 9:05 a.m.  The  
         following business was transacted:   
          
         The Chairman laid out HB 1329 and recognized the Senate sponsor,  
         Senator Staples, 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 1329  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Armbrister moved  
         that HB 1329 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, 1 present not  
         voting, and 0 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 HB 3325 and recognized the Senate sponsor,  
         Senator Staples, to explain the bill.  Senator Averitt sent up a  
         committee substitute and Senator Staples explained the  
         difference between the substitute and the bill as filed.   
         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 3325 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Armbrister  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Armbrister then moved that HB 3325  
         do not pass but that CSHB 3325 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 Armbrister moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 1338 and recognized the Senate sponsor,  
         Senator Averitt, 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 1338 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Averitt moved that HB 1338 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  
         Averitt moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Averitt assumed the chair, laid out HB 3324 and  
         recognized the Senate sponsor, 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.  Senator Fraser moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Fraser then moved that HB 3324 do not pass  
         but that CSHB 3324 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 HB 2033 and recognized the Senate sponsor,  
         Senator Fraser, 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.  Senator Fraser moved that HB 2033 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 Fraser  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 2528 and recognized the Senate sponsor,  
  
         Senator Fraser, 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.  Senator Fraser moved that HB 2528 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 Fraser  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 2548 and recognized the Senate sponsor,  
         Senator Fraser, 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.  Senator Fraser moved that HB 2548 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 Fraser  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Fraser resumed the chair, laid out HB 1296 and  
         recognized Senator Averitt, in the absence of the Senate  
         sponsor, to explain the bill.  The witness registering on the  
         bill is shown on the attached list.  The Chairman moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Averitt moved that HB 1296 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  
         Averitt moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The Chairman advised that HB 3534 had been tagged pursuant to  
         Senate Rule 11.19 and would not be heard.   
          
         The Chairman laid out SB 1193 and recognized the author, Senator  
         Carona, 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.  Senator Armbrister moved that SB  
         1193 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 Armbrister moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chairman laid out HJR 23 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  The witness registering on  
         the bill is shown on the attached list.  The Chairman moved that  
         the public testimony be closed; without objection, it was so  
         ordered.  Senator Armbrister moved that HJR 23 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  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The Chairman laid out HB 1839 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Senator Averitt sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  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.  Senator Armbrister requested unanimous consent to  
         incorporate the amendment into a committee substitute; without  
         objection, it was so ordered.  Senator Armbrister then moved  
         that the new committee substitute be adopted; without objection,  
         it was so ordered.  Senator Armbrister moved that HB 1839 do not  
         pass but that CSHB 1839 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 Armbrister moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The Chairman laid out HB 1020 and recognized Senator Lucio, 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.  The Chairman moved that HB 1020  
         be left pending to await resolution of a question on the bill.  
         Upon resolution of the question, Senator Lucio moved that HB  
         1020 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 Averitt assumed the chair, laid out HB 329 and  
         recognized the Senate sponsor, 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  
         the bill 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 HB 329 do not pass  
         but that CSHB 329 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 1493 and  
  
         recognized Senator Averitt, in the absence of the Senate  
         sponsor.  Senator Averitt sent up a committee substitute and  
         explained the difference between the substitute and the bill as  
         filed.  Senator Averitt sent up Committee Amendment 1.   
         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 1493 be left pending to await a quorum; without  
         objection, it was so ordered.   Upon arrival of a quorum,  
         Senator Fraser moved adoption of Committee Amendment 1; without  
         objection, the amendment was adopted.  Senator Averitt sent up  
         Committee Amendment 2 and moved adoption; without objection, the  
         amendment was adopted.  Senator Averitt requested unanimous  
         consent to incorporate the amendments into the committee  
         substitute; 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 1493 do not pass but that CSHB 1493 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 Averitt moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 2112 and recognized Senator Averitt, in  
         the absence of the Senate sponsor, to explain the bill.  The  
         witness registering on the bill is 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 2112  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Brimer moved that HB  
         2112 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 Brimer moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chairman laid out HB 3179 and recognized Senator Lucio, in  
         the absence of the Senate sponsor, to explain the bill.  The  
         witness registering on the bill is 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 3179  
         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 3179 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 Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 10:58 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 4:05 p.m. the committee reconvened.   
          
         The Chairman laid out SB 256, pending in committee, and  
         recognized Senator Averitt, in the absence of the author, to  
         explain the bill.  Senator Averitt sent up a committee  
         substitute and explained the difference between the substitute  
         and the bill as filed.  Although public testimony began, the  
         Chairman suspended testimony until later in the hearing in order  
         to take care of a few other matters. 
          
         The Chairman read Motions in Writing requesting unanimous  
         consent to be shown voting aye submitted by the following:   
         Senator Van de Putte on HB 1296, HB 1338, CSHB 1839, HB 2033, HB  
         2528, HB 2548, CSSB 3324, CSSB 3325, HJR 23 and SB 1193; Senator  
         Lucio on HB 1296, HB 1338, CSHB 1839, HB 2033, HB 2528, HB 2548,  
         CSHB 3324, CSHB 3325, HJR 23, SB 1193 and HB 3179;  Senator  
         Brimer on CSHB 3324, CSHB 3325, HB 1338, HB 2033, HB 2528, HB  
         2548, HB 1296, HJR 23, SB 1193 and CSHB 1839; Senator Williams  
         on HB 1296, HB 1338, CSHB 1839, HB 2033, HB 2528, HB 2548, CSHB  
         3324, CSHB 3325, HJR 23, and SB 1193.  Without objection, it was  
         so ordered.  These votes are reflected in the final votes on the  
         aforementioned bills.   
          
         The Chairman laid out HB 1232 in order to reconsider the vote  
         taken at the hearing on May 16.  The Senate sponsor, Senator  
         Brimer, moved to reconsider the vote on HB 1232; without  
         objection, it was so ordered.  Senator Brimer then sent up a  
         committee substitute and explained the difference between the  
         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 1232 do not pass but that  
         CSHB 1232 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 Brimer moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Averitt assumed the chair, laid out HB 730, pending in  
         committee, and recognized the Senate sponsor, Senator Fraser.   
         Senator Fraser sent up a proposed committee substitute and  
         explained the difference between the committee substitute and  
         the bill as filed.  Senator Fraser sent up Committee Amendment 1  
         and moved adoption; without objection, the amendment was  
         adopted.  Senator Fraser sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Fraser sent up Committee Amendment 3 and moved adoption; without  
         objection, the amendment was adopted.  Senator Fraser sent up  
         Committee Amendment 4 and moved adoption; without objection, the  
         amendment was adopted.   Senator Fraser requested unanimous  
         consent to roll the amendments into a committee substitute;  
         without objection, it was so ordered.  Senator Fraser then moved  
  
         that the new committee substitute be adopted; without objection,  
         it was so ordered.  Senator Fraser moved that HB 730 do not pass  
         but that CSHB 730 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 laid out HB 1282, pending in committee, and  
         recognized the Senate sponsor, Senator Duncan.  Senator Jackson  
         sent up a committee substitute; Senator Duncan explained  the  
         difference between the committee substitute and the bill as  
         filed.  Senator Jackson moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Jackson moved that HB 1282 do not pass but that CSHB 1282 be  
         reported back 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.   
          
         The Chairman laid out HB 1131, pending in committee,  and  
         recognized Senator Lucio, in the absence of the Senate sponsor.   
         Senator Lucio 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 HB 1131 be left pending; without objection, it was so  
         ordered.    
          
         The Chairman recalled SB 256 and advised that testimony would  
         continue.  Upon completion of testimony, the Chairman moved that  
         the public testimony be closed; without objection, it was so  
         ordered.  Chairman Fraser moved that SB 256 be left pending;  
         without objection, it was so ordered.    
          
         There being no further business, at 5:43 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