MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Tuesday, March 29, 2005 
                                     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, March 29, 2005, 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 Kevin Eltife 
         Senator Craig Estes 
         Senator Eddie Lucio, Jr. 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         Chairman Fraser called the meeting to order at 9:01 a.m.  The  
         Chairman laid out SB 807 and SJR 21 together and recognized the  
         author, Senator Averitt to explain the bill and the joint  
         resolution.  Witnesses registering on both the bill and the  
         joint resolution, but not testifying, are shown on the attached  
         list.  Chairman Fraser moved that public testimony be closed on  
         SB 807 and SJR 21; without objection, it was so ordered.   
         Senator Fraser moved that SB 807 and SJR 21 be left pending to  
         await a quorum.  Upon arrival of a quorum, Senator Carona moved  
         that SB 807 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 Carona moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.  Senator Brimer then moved  
         that SJR 21 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.   
          
         Chairman Fraser laid out SB 810 and recognized the author,  
         Senator Averitt to explain the bill.  Witnesses registering and  
         testifying on the bill are shown on the attached list. The chair  
         moved that the public testimony be closed; without objection, it  
  
         was so ordered.  Senator Fraser moved that SB 810 be left  
         pending to await a quorum.  Upon arrival of a quorum, Senator  
         Brimer moved that SB 810 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 Carona moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.     
          
         The chairman laid out SB 636 and recognized the author, Senator  
         Barrientos, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Fraser moved that SB 636  
         be left pending; without objection, it was so ordered.   
          
         Chairman Fraser laid out SB 876 and recognized the author,  
         Senator Lindsay, to explain the bill.  Witnesses registering on  
         the bill are shown on the attached list. The chair moved that  
         the public testimony be closed; without objection, it was so  
         ordered.   
          
         A quorum was established at 9:24 a.m. 
          
         Senator Carona moved that SB 876 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 Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 918 and recognized the author, Senator  
         Gallegos, Jr., to explain the bill.  Senator Lucio, Jr. sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Witnesses registering on the bill are  
         shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Fraser moved that SB 918 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 265 and recognized the author, Senator  
         Williams, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lucio, Jr. moved that SB  
         265 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 Lucio, Jr. moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out SB 495 and recognized the author, Senator  
         Williams, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lucio, Jr. moved that SB  
         495 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 chair laid out SB 796 and recognized the author, Senator  
         Lucio, Jr., to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lucio, Jr. moved that SB  
         796 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 Lucio, Jr. moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out SB 709 and recognized the author, Senator  
         Carona, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Carona moved that SB 709  
         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 Carona moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out SB 988 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up Committee  
         Amendment 1.  Witnesses testifying and registering on the bill  
         are shown on the attached list.  Senator Fraser moved that SB  
         988 and Committee Amendment 1 be temporarily laid on the table. 
          
         The chair laid out SB 171 and recognized Senator Brimer, in the  
         absence of the author, to explain the bill.  Witnesses  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Brimer moved that SB 171  
         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 Lucio, Jr. moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.         
          
         The chair laid out SB 359, pending in committee, and recognized  
         the author, Senator Harris, to explain the bill.  Senator Brimer  
         sent up a committee substitute; the chair recognized Senator  
  
         Brimer to explain the difference between the committee  
         substitute and the bill as filed.  Witnesses registering on the  
         bill are shown on the attached list.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Brimer moved adoption of the committee  
         substitute;  without objection, it was so ordered.  Senator  
         Brimer moved that SB 359 do not pass but that CSSB 359 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.   
           
         Chairman Fraser laid out the subcommittee report on CSSB 96 by  
         Senator Shapleigh and recognized Senator Carona, Chairman,  
         Subcommittee on Emerging Technologies and Economic Development,  
         to explain the report. Witnesses registering on the bill are  
         shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Carona moved that SB 96 do not pass but that CSSB 96,  
         adopted in subcommittee, be reported back to the Senate 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  
         Carona moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Chairman Fraser laid out the subcommittee report on SB 255 by  
         Senator Carona, and recognized Senator Carona to explain the  
         report.  Witnesses registering on the bill are shown on the  
         attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
         Senator Carona moved that the subcommittee report on SB 255 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 Carona  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Chairman Fraser laid out the subcommittee report on CSSB 602 by  
         Senator Ellis, and recognized Senator Carona to explain the  
         report. Witnesses testifying and registering on the bill are  
         shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Carona moved that SB 602 do not pass but that CSSB 602,  
         adopted in subcommittee, be reported back to the Senate 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  
         Carona moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Chairman Fraser brought back up SB 988, which had been  
         temporarily laid on the table, and recognized Senator Carona on  
         the bill and the amendment that had been laid out.  Senator  
  
         Carona withdrew Committee Amendment 1 that had been sent up  
         earlier in the hearing.  Senator Carona sent up a new Committee  
         Amendment 1.  The chair asked if anyone else wished to testify  
         for, against, or on SB 988 there being none public testimony was  
         closed.  Senator Carona moved adoption of the new Committee  
         Amendment 1; without objection, the amendment was adopted.   
         Senator Carona requested unanimous consent to roll the amendment  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Carona then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Carona moved that SB 988 do not pass but that CSSB 988  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  Senator Carona moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Fraser read Motions in Writing requesting unanimous  
         consent to be shown voting aye submitted by:  Senator Averitt on  
         SB 807, SB 810, SB 876, SJR 21, SB 265, SB 495, SB 709, SB 171,  
         CSSB 359, CSSB 96, SB 255, CSSB 602, and CSSB 988; Senator  
         Armbrister on SB 807, SB 810, SB 876, and SJR 21; Senator Lucio  
         on SB 807, SJR 21, and SB 876; Senator Eltife on CSSB 96, SB  
         171, SB 255, CSSB 602, and CSSB 988; Senator Van de Putte on SB  
         807, SB 876, SB 796, SB 709, CSSB 988, SB 171, CSSB 359, CSSB  
         96, SB 255, and CSSB 602; Senator Estes on SB 265, SB 495, SB  
         796, SB 709, CSSB 988, SB 171, CSSB 359, CSSB 96, SB 255, and  
         CSSB 602.  Without objection, it was so ordered.  These votes  
         are included in the final votes as shown on the aforementioned  
         bills. 
          
         There being no further business, at 10:44 a.m. the Chairman then  
         moved that the committee stand recessed subject to the call of  
         the chairman.  Without objection, it was so ordered. 
          
         ________________________________ 
         Troy Fraser, Chairman 
          
         ________________________________ 
         Tatum Baker, Clerk