MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                               Tuesday, May 11, 2004 
                                     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 11, 2004, 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 John Carona 
         Senator Craig Estes 
         Senator Mike Jackson 
         Senator Eddie Lucio, Jr. 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:00 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         Chairman Fraser made brief opening remarks and advised that the  
         Committee would be hearing testimony on Interim Charge #3,  
         regarding the Texas Residential Construction Commission which  
         was established by HB 730 in the 78th Legislative Session.  The  
         Committee would also discuss and hear testimony on Interim  
         Charge #6, relating to improving the potential for further  
         renewable energy development and the current status of policies  
         encouraging the use of the renewable energy sources. 
                         
         The Chairman called invited witness Stephen Thomas, Texas  
         Residential Construction Commission, to present his testimony on  
         Interim Charge #3.  Mr. Thomas gave a brief update on home  
         builder registration; state-sponsored inspection and dispute  
         resolution process; limited warranties and building and  
         performance standards; industry task forces; Texas Star Builder  
         Program; voluntary certification of arbitrators and filing of  
         arbitration awards; Commission infrastructure; and public  
         information efforts.  
          
         Following Mr. Thomas' testimony, Chairman Fraser called for  
  
         public testimony.  Chairman Fraser called Scott Norman, Texas  
         Association of Builders, to present his testimony and respond to  
         members' questions.  Mr. Norman was the only public witness to  
         testify, although Ray Tonjes and Jim Frankel had filled out  
         cards to testify if committee members had questions of the  
         industry.  Chairman Fraser then closed public testimony on  
         Interim Charge #3.  
          
         The Chairman then advised the Committee and those present that  
         the Committee would now begin testimony on Charge #6.  Chairman  
         Fraser called Julie Parsley, Commissioner, Public Utility  
         Commission of Texas, to present her testimony.  Commissioner  
         Parsley testified on the status of renewable energy in Texas;  
         effectiveness of current policies; economics associated with  
         renewable energy; and potential for renewable energy  
         development.  Before completion of Commissioner Parsley's  
         testimony, Chairman Fraser moved at 10:13 a.m. that the  
         Committee stand recessed until after adjournment of the Senate;  
         without objection, it was so ordered.         
         At 11:48 a.m. the Committee reconvened.  Chairman Fraser called  
         Commissioner Parsley to complete her testimony and respond to  
         members' questions.  
          
         Following Commissioner Parsley's testimony, the Chairman called  
         Dub Taylor, Director of the State Energy Conservation Office  
         (SECO).  Mr. Taylor gave an overview of SECO; energy in Texas;  
         purchasing renewable energy; and renewable energy projects.       
          
         Upon completion of Mr. Taylor's testimony, Senator Averitt  
         assumed the Chair and called Adan Martinez, General Land Office  
         (GLO), to present his testimony.  Mr. Martinez testified on past  
         efforts by the GLO to develop renewable energy on state lands  
         and current efforts by the GLO to commercialize wind generation  
         on state lands. 
          
         Chairman Fraser resumed the Chair and called John Fainter,  
         President of the Association of Electric  Companies of Texas.   
         Mr. Fainter presented his testimony and responded to members'  
         questions. 
          
         Upon completion of Mr. Fainter's testimony, Chairman Fraser  
         called Walt Hornaday, President of Cielo Wind Power.  Mr.  
         Hornaday presented his testimony and responded to members'  
         questions. 
         Chairman Fraser then called Tom "Smitty" Smith, Director of  
         Public Citizen's Texas Office.  Mr. Smith presented his  
         testimony and responded to members' questions. 
           
         Upon completion of Mr. Smith's testimony, Chairman Fraser called  
         the final invited witness, Mike Sloan, Consultant representing  
         The Wind Coalition.   Mr. Sloan provided information on the  
         status of the Texas wind industry and described policy needs.  
          
         Following Mr. Sloan's testimony, the Chairman called for public  
         testimony.  Chairman Fraser called Bob King, Engineer,  
  
                                    SENATE COMMITTEE ON BUSINESS & COMMERCE 
                                                                    Minutes 
                                                      Tuesday, May 11, 2004 
                                                                      page   3 
                                                                            
         representing Ridge Energy Group.  Mr. King presented his  
         testimony and responded to members' questions.  Mr. King was the  
         only public witness to testify.   
          
         Upon completion of Mr. King's testimony, Chairman Fraser moved  
         that public testimony be closed; without objection, it was so  
         ordered.        
          
         There being no further business, at 2:04 p.m. Senator Fraser  
         moved that the Committee stand recessed subject to the call of  
         the Chairman.  Without objection, it was so ordered.   
          
         ___________________________ 
         Senator Troy Fraser, Chairman 
          
         ___________________________ 
         Tatum Baker, Clerk