MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Thursday, March 31, 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 Thursday, March 31, 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 9:00 a.m.  There  
         being a quorum present, the following business was transacted:   
          
         Senator Eltife assumed the chair and laid out SB 743, and  
         recognized the author, Senator Fraser to explain the bill.  
          
         Senator Estes assumed the chair and opened public testimony.   
         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 743 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 resumed the chair.  The chair laid out SB 1563  
         and recognized the author, Senator Estes, 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 Estes  
         moved that SB 1563 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 chair laid out SB 846 and recognized the author, Senator  
         Janek, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Fraser moved that SB 846 be left pending until after the  
         adjournment of the Senate.     
          
         At 10:10 a.m. Chairman Fraser moved that the committee stand  
         recessed until 15 minutes after adjournment of the Senate;  
         without objection, it was so ordered.     
          
         At 12:29 p.m. the committee reconvened.  Chairman Fraser brought  
         back up SB 846, pending in committee, from the first part of the  
         hearing.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Fraser moved that  
         SB 846 be left pending to await a quorum.  Upon the arrival of a  
         quorum, Senator Averitt moved that SB 846 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 chair laid out SB 1447 and recognized the author, Senator  
         Averitt, to explain the bill.  Senator Averitt sent up a  
         committee substitute; the chair recognized Senator Averitt to  
         explain the difference between the committee substitute and the  
         bill as filed.  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 Averitt moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Averitt moved that SB 1447 do not pass but that CSSB 1447 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 chair laid out SB 1112 and recognized the author, Senator  
         Eltife, 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.  SB 1112 was voted on favorably,  
         brought back, and left pending from Senator Eltife's motion to  
         reconsider.  Without objection; it was so orderd. 
          
         The chair laid out SB 314 and recognized Senator Estes, 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 Estes moved that SB 314  
  
         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 Estes moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.  
         Senator Van de Putte assumed the chair.  The chair laid out SB  
         1494 and recognized the author, Senator Fraser, to explain the  
         bill.  Senator Fraser sent up a committee substitute; the chair  
         recognized Senator Fraser 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 Fraser moved adoption of  
         the committee substitute; without objection, it was so ordered.   
         Senator Fraser moved that SB 1494 do not pass but that CSSB 1494  
         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 chair laid out SB 1495 and recognized the author, Senator  
         Fraser, 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 1495  
         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.   
          
         Chairman Fraser resumed the chair.  The chair laid out SB 1593  
         and recognized Senator Eltife, in the absence of the author, 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 1593 be left pending to  
         await a quorum.  Upon arrival of a quorum, Senator Carona moved  
         that SB 1593 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 686 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up a committee  
         substitute; the chair recognized Senator Carona 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 Carona  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Carona moved that SB 686 do not pass  
         but that CSSB 686 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 read Motions in Writing requesting unanimous  
         consent to be shown aye submitted by:  Senator Carona on CSSB  
         1494 and SB 1495; Senator Lucio on SB 846, CSSB 1447, SB 314,  
         CSSB 1494, and SB 1495; Senator Van de Putte on 743 SB 1563,  
         CSSB 686, and SB 1593; Senator Brimer on SB 846, CSSB 1447, SB  
         314, CSSB 1494, SB 1495, SB 1593, and 
         CSSB 686; Senator Armbrister on SB 846, CSSB 1447, SB 1593, and  
         CSSB 686; Senator Averitt on SB 743, SB 1563, SB 1495, CSSB 686,  
         and SB 1593. 
          
         There being no further business, at 1:48 p.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