MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                               Thursday, May 22, 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 22, 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 9:13 a.m.  The  
         following business was transacted: 
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bills:  HB 124, HB 650, HB 1008, HB 2005, HB 2156, HB  
         2180, HB 2579, HB 3139 and HB 3308. 
          
         The Chairman laid out HB 2156 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 2156 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Jackson moved that HB 2156 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 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 826 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
  
         Chairman moved that HB 826 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Averitt moved that HB 826 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.   
          
         The Chairman laid out HB 2579 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 2579 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Averitt moved that HB 2579 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 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 2180 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 2180 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Jackson moved that HB 2180 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 Jackson moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The Chairman laid out HB 3190 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 3190 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 3190 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 208 and recognized the Senate sponsor,  
         Senator Lucio, to explain the bill.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 208 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Armbrister moved that HB 208 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 2701 and recognized the Senate sponsor,  
         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 HB 2701  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Estes moved that HB  
         2701 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 3139 and recognized the Senate sponsor,  
         Senator Lucio, 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 3139 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Armbrister moved that HB 3139 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 453 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.  Committee Amendment 1  
         was explained but later withdrawn.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 453 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Estes moved that HB 453 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.   
          
         Senator Lucio assumed the chair, laid out HB 124 and recognized  
         Senator Estes, in the absence of the Senate sponsor, to explain  
         the bill.  There were no witnesses registering on the bill.  The  
         Chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  The Chairman moved that HB 124 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 124 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 1510 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 Chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  The Chairman moved that  
         HB 1510 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 1510 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 1380 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 1380  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Brimer moved that HB  
         1380 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 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 2005 and recognized Senator Estes, 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 2005  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Averitt moved that  
         HB 2005 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 Estes assumed the chair, laid out HB 2081 and explained  
         the bill in the absence of the Senate sponsor.  There were no  
         witnesses registering on the bill.  The Chairman moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  The Chairman moved that HB 2081 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
  
         arrival of a quorum, Senator Brimer moved that HB 2081 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.     
          
         The Chairman laid out HB 1008 and explained the bill in the  
         absence of the Senate sponsor. There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 1008 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Jackson moved that HB 1008 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, 1 nay, 0  
         present not voting, and 0 absent.   
          
         The Chairman laid out HB 1840 and explained the bill in the  
         absence of the Senate sponsor.  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 1840 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Averitt moved that HB 1840 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 laid out HB 1615 and explained the bill in the  
         absence of the Senate sponsor.  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 1615  
         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 1615 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.   
          
         The Chairman laid out HB 3141 and explained the bill in the  
         absence of the Senate sponsor.  Senator Estes sent up a  
         committee substitute and explained the difference between the  
         substitute and the bill as filed. 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 3141 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Williams moved adoption of the  
         committee substitute; without objection , it was so ordered.   
  
                                    SENATE COMMITTEE ON BUSINESS & COMMERCE 
                                                                    Minutes 
                                                     Thursday, May 22, 2003 
                                                                      page   6 
                                                                            
         Senator Williams then moved that HB 3141 do not pass but that  
         CSHB 3141 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 Williams moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chairman laid out HB 2409 and explained the bill in the  
         absence of the Senate sponsor.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 2409 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Brimer moved that HB 2409 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 3308 and explained the bill in the  
         absence of the Senate sponsor.  There were no witnesses  
         registering on the bill.  The Chairman moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         Chairman moved that HB 3308 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Brimer moved that HB 3308 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 650 and explained the bill in the  
         absence of the Senate sponsor.  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 Estes explained Committee Amendment 1, and  
         Committee Amendment 2, which were later withdrawn.  The Chairman  
         moved that HB 650 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Williams moved that HB 650 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.   
         At 10:17 a.m. the Chairman moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 6:25 p.m. the committee reconvened with Senator Fraser in the  
         chair.   
          
         The Chairman laid out HB 3534 and recognized the Senate sponsor,  
  
                                    SENATE COMMITTEE ON BUSINESS & COMMERCE 
                                                                    Minutes 
                                                     Thursday, May 22, 2003 
                                                                      page   7 
                                                                            
         Senator Shapiro, 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 Van de Putte moved that  
         HB 3534 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, 1 nay, 0 present not  
         voting, and 1 absent.   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bills:  HB 470, HB 1131, HB 2593, HB 3034 and HJR 85.  
          
         The Chairman laid out HB 1131, pending in committee,  and  
         recognized the Senate sponsor, Senator Carona.  Senator  
         Armbrister sent up a committee substitute; Senator Carona  
         explained the difference between the committee substitute and  
         the bill as filed.  Senator Armbrister moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Armbrister moved that HB 1131 do not pass but that CSHB  
         1131 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.   
          
         The Chairman laid out HB 2593 and recognized the Senate sponsor,  
         Senator Estes, 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 Estes moved that HB 2593 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.   
          
         The Chairman laid out HJR 85 and recognized the Senate sponsor,  
         Senator Estes, 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 Estes moved that HJR 85 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.   
          
         The Chairman laid out HB 3034 and recognized Senator Williams,  
         in the absence of the Senate sponsor, to explain the bill.   
         There were no witnesses registering on the bill.  Senator  
         Williams sent up a committee substitute and explained the  
         difference between the substitute and the bill as filed.   
         Senator Williams moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator Williams then  
         moved that HB 3034 do not pass but that CSHB 3034 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 Williams moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
  
                                    SENATE COMMITTEE ON BUSINESS & COMMERCE 
                                                                    Minutes 
                                                     Thursday, May 22, 2003 
                                                                      page   8 
                                                                            
         The Chairman laid out HB 470 and recognized Senator Williams, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         were no witnesses registering on the bill.  The Chairman moved  
         that the public testimony be closed; without objection, it was  
         so ordered.  Senator Van de Putte moved that HB 470 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 Van de  
         Putte 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:  Senator Averitt on  
         HB 2593 and HJR 85; Senator Brimer on HB 470 and CSHB 3034;  
         Senator Armbrister on HB 124, HB 453, HB 1510, HB 1380, HB 2005,  
         HB 2081, HB 1008, HB 1840, CSHB 3141, HB 2409, HB 3308, HB 650,  
         HB 2593, CSHB 3034 and HJR 85; Senator Lucio on HB 124, HB 208,  
         HB 453, HB 650, HB 826, HB 1008, HB 1380, HB 1510, HB 1615, HB  
         1840, HB 2005, HB 2081, HB 2156, HB 2180, HB 2409, HB 2579, HB  
         2701, HB 3139, CSHB 3141, HB 3190, HB 3308, HB 3534, CSHB 1131,  
         HB 470, CSHB 3034, HB 2593, and HJR 85.  There being no  
         objection, it was so ordered.  These votes are reflected in the  
         aforementioned final votes.   
          
         There being no further business, at 7:28 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