MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Tuesday, April 19, 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, April 19, 2005, in the Betty King  
         Committee Hearing Room, 2E.20, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Chairman           Senator Eddie Lucio, Jr. 
         Senator Kip Averitt, Vice Chairman 
         Senator Kenneth Armbrister 
         Senator Kim Brimer 
         Senator John Carona 
         Senator Kevin Eltife 
         Senator Craig Estes 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:01 a.m.  The chair  
         laid out SB 1159 and recognized the author, Senator Harris, to  
         explain the bill.  Senator Fraser sent up a committee  
         substitute; the chair recognized Senator Harris to explain the  
         difference between the committee substitute and the bill as  
         filed.  Chairman Fraser moved that the bill be left pending for  
         Blake Ingram, against the bill, to review the committee  
         substitute.  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.  Upon review of  
         the committee substitute by Mr. Ingram, Senator Brimer moved  
         that the committee substitute be adopted; without objection, it  
         was so ordered.  Senator Brimer moved that SB 1159 do not pass  
         but that CSSB 1159 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, 0 nay, 0 present not  
         voting, and 2 absent.  Senator Brimer moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered. 
          
         The chair laid out SB 624 and recognized the author, Senator  
         Hinojosa, to explain the bill.  Senator Eltife sent up a  
         committee substitute; the chair recognized Senator Hinojosa to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Eltife sent up Committee Amendment 1 and  
  
         Senator Hinojosa explained Committee Amendment 1.  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 624 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Estes moved  
         to adopt Committee Amendment 1.  Senator Estes then requested  
         unanimous consent to roll the proposed substitute and amendment  
         into a new committee substitute; without objection, it was so  
         ordered.  Senator Estes then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Estes moved that SB 624 do not pass but that CSSB 624 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, 0 nay, 0 present not voting, and 2 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 1697 and recognized the author, Senator  
         Duncan, to explain the bill.  Senator Brimer sent up Committee  
         Amendment 1.  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 1697 be left pending; without  
         objection, it was so ordered.   
          
         The roll was called at 9:35 a.m. and a quorum was present.  
          
         The chair laid out SB 305 and recognized the author, Senator  
         Armbrister, to explain the bill.   
         Senator Armbrister sent up Committee Amendment 1.  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 Armbrister moved  
         adoption of Committee Amendment 1; without objection, it was so  
         ordered.  Senator Armbrister requested unanimous consent to roll  
         the amendment into a committee substitute; without objection, it  
         was so ordered.  Senator Armbrister then moved that the  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Armbrister moved that SB 305 do not pass but  
         that CSSB 305 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 Carona assumed the chair.  The chair laid out SB 1599  
         and recognized Senator Brimer, 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 Carona moved that SB 1599 be left pending;  
         without objection, it was so ordered.   
          
         The chair laid out SB 707 and recognized Senator Estes, in the  
         absence of the author, to explain the bill.  Senator Estes sent  
  
         up a committee substitute; the chair recognized Senator Estes 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 Carona moved that SB 707 be left pending until after the  
         adjournment of the Senate.   
         At 10:35 a.m. Senator Carona moved that the committee stand  
         recessed until 30 minutes after adjournment of the Senate;  
         without objection, it was so ordered.   
          
         At 2:38 p.m. the committee reconvened.   
          
         Senator Fraser resumed the chair.  The chair laid out SB 707,  
         pending in committee.  Senator Carona moved to adopt the  
         committee substitute; without objection, it was so ordered.   
         Senator Carona moved that SB 707 do not pass but that CSSB 707  
         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, 0 nay, 0 present not voting, and 2 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 398 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 Fraser moved that SB 398 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 918, pending in committee.  Senator Estes  
         moved that Committee Amendment 1, previously laid out in  
         committee, be adopted;  without objection, it was so ordered.   
         Senator Estes requested unanimous consent to roll the amendment  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Estes then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator Estes  
         moved that SB 918 do not pass but that CSSB 918 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, 0  
         nay, 0 present not voting, and 2 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 711, pending in committee, and recognized  
         the author, Senator Carona, to explain the bill.  Senator Carona  
         sent up a new committee substitute; the chair recognized Senator  
         Carona to explain the difference between the committee  
         substitute and the bill as filed.  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 711 do not pass but that CSSB 711 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, 0 nay, 0 present not voting, and 2 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 712, pending in committee, and recognized  
         the author, Senator Carona, to explain the bill.  Senator Carona  
         moved adoption of the committee substitute, previously sent up  
         in committee; without objection, it was so ordered.  Senator  
         Carona moved that SB 712 do not pass but that CSSB 712 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, 0 nay, 0 present not voting, and 2 absent.  Senator Carona  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The subcommittee report on SB 1096 was laid out by Senator  
         Fraser.   Senator West was recognized to explain the  
         subcommittee report on SB 1096.  Senator Brimer sent up a new  
         committee substitute; the chair recognized Senator West to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Brimer moved adoption of the new  
         committee substitute in lieu of adopting the subcommittee  
         report; without objection, it was so ordered.  Senator Brimer  
         moved that SB 1096 do not pass but that CSSB 1096 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, 0  
         nay, 0 present not voting, and 2 absent.       
          
         The subcommittee report on SB 1100 was laid out by Senator  
         Carona.  Senator Carona was recognized to explain the  
         subcommittee report on CSSB 1100, adopted in subcommittee.   
         Senator Carona then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  The motion carried  
         with a record vote of 6 ayes, 0 nay, 0 present not voting, and 3  
         absent.  Senator Carona moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The subcommittee report on SB 1142 was laid out by Senator  
         Carona.  Senator Carona was recognized to explain the  
         subcommittee report on CSSB 1142, adopted in subcommittee.   
         Senator Carona then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  The motion carried  
         with a record vote of 6 ayes, 0 nay, 0 present not voting, and 3  
         absent.   
          
         The chair laid out SB 542 and recognized the author, Senator  
         West, 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 542 be left pending;  
  
         without objection, it was so ordered.   
          
         The chair laid out SB 1585 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 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 1585 be left pending; without  
         objection, it was so ordered.   
          
         The chair read Motions in Writing requesting unanimous consent  
         to be shown voting aye submitted by the following:  Senator  
         Averitt on CSSB 305 and CSSB 624; Senator Eltife on CSSB 707,  
         CSSB 711, CSSB 712, CSSB 918, CSSB 1096, CSSB 1100, CSSB 1142,  
         and CSSB 1159; Senator Van de Putte on CSSB 305, CSSB 707, CSSB  
         1159, CSSB 918, CSSB 711, CSSB 712, CSSB 1096, and CSSB 624.   
         Without objection, it was so ordered.  These votes are reflected  
         in the final votes on the aforementioned bills. 
          
         The chair laid out SB 1829 and recognized Senator Carona, in the  
         absence of the author, 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 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 1829 be left pending;  
         without objection, it was so ordered.   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following subcommittee report:  
          
         CSSB 1096 
          
         There was no action taken for the following subcommittee report:  
          
         SB 831 
          
         There being no further business, at 4:05 p.m.  Chairman Fraser  
         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