MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 28, 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, April 28, 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 9:04 a.m.
At 9:05 a.m. Senator Carona assumed the chair.
The chair laid out HB 74 and recognized the Senate sponsor,
Senator Fraser, 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 Carona moved that HB 74 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Fraser moved that HB 74 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.
The chair laid out HB 1328 and recognized the Senate sponsor,
Senator Fraser, 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 Carona moved that HB 1328 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Fraser moved that HB 1328 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.
At 9:08 a.m. Senator Fraser resumed the chair.
The roll was called at 9:11 a.m. and a quorum was present.
The chair laid out HB 1201 and recognized Senator Carona, in the
absence of the Senate sponsor, 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
HB 1201 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 HCR 59 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the concurrent
resolution. Witnesses registering on the concurrent resolution
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 HCR 59 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.
Senator Fraser read a Motion in Writing requesting unanimous
consent to be shown voting aye submitted by Senator Armbrister
on HB 74, HB 1328, HB 1201, and HCR 59. Without objection, it
was ordered. These votes are reflected in the final votes on
the aforementioned bills.
The chair laid out HB 207 and recognized the Senate sponsor,
Senator Brimer, to explain the bill. There were no witnesses
registered on the bill. Senator Fraser moved that HB 207 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Brimer moved that HB
207 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 chair laid out HB 1817 and recognized the Senate sponsor,
Senator Brimer, 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 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 HB 1817 be left pending; without
objection, it was so ordered. HB 1817 was brought back up from
pending business. Senator Armbrister sent up Committee Amendment
1 and moved adoption; without objection, the amendment was
adopted. Senator Brimer requested unanimous consent to roll the
proposed substitute and amendment into a new committee
substitute; without objection it was so ordered. Senator Brimer
then moved that the new committee substitute be adopted; without
objection, it was so ordered. Senator Brimer moved that HB 1817
do not pass but that CSHB 1817 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 Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2565 and recognized the Senate sponsor,
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 HB
2565 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 the subcommittee report on SB 1038. Senator
Lucio, Jr. was recognized to explain the subcommittee report on
CSSB 1038, adopted in subcommittee. Senator Lucio, Jr. moved
that SB 1038 do not pass but that CSSB 1038 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 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 1564 and recognized Senator Estes, 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 Estes moved that
SB 1564 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 HB 532 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Estes moved that HB 532
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 1829, pending in committee, and recognized
the author, Senator Lucio, Jr., to explain the bill. The
committee substitute had been previously sent up at another
hearing. Public testimony had previously been closed in
committee. Senator Lucio moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Lucio, Jr. moved that SB 1829 do not pass but that CSSB 1829 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 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 the subcommittee report on SB 831. Senator
Fraser explained the subcommittee report on CSSB 831, adopted in
subcommittee. Senator Fraser stated that public testimony would
not be reopened considering it had already been heard in
subcommittee. However, witnesses registering on the bill are
shown on the attached list. Senator Estes then moved adoption
of the subcommittee report; there being no objection, it was so
ordered. Senator Estes moved that SB 831 do not pass but that
CSSB 831 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 Estes moved that public testimony on SB 1291 be limited
to 3 minutes; without objection, it was so ordered.
The chair laid out SB 1291 and recognized the author, Senator
Lucio, Jr., to explain the bill. Senator Lucio, Jr. sent up a
committee substitute; the chair recognized Senator Lucio, Jr. 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.
At 10:29 a.m. Senator Armbrister assumed the chair.
Senator Armbrister moved that SB 1291 be left pending; without
objection, it was so ordered.
At 10:59 a.m. Senator Armbrister moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 2:06 p.m. the committee reconvened. Senator Fraser assumed
the chair.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Averitt on SB 1564, HB 74, HB 207, HB 532, HB 1201, HB
1328, CSHB 1817, HB 2565, and HCR 59; Senator Van de Putte on SB
1564, HB 74, HB 207, HB 532, HB 1201, HB 1328, CSHB 1817, HB
2565, HCR 59, CSSB 831, CSSB 1038, and CSSB 1829. Without
objection, it was so ordered. These votes are reflected in the
final votes on the aforementioned bills.
The chair brought back up from pending business SB 1291. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Lucio moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Lucio, Jr. moved that SB 1291 do not pass but that CSSB
1291 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 HB 2987 and recognized Senator Carona, in the
absence of the Senate sponsor, 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. At 2:33 p.m. Senator Carona
assumed the chair. Witnesses testifying and registering on the
bill are shown on the attached list. At 2:52 p.m. Senator
Eltife assumed the chair. At 3:00 p.m. Senator Fraser resumed
the chair. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Armbrister moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Armbrister moved that HB 2987 do not pass
but that CSHB 2987 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 4 absent. Senator Armbrister 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 the following:
Senator Carona on HB 207, CSHB 1817, HB 2565, CSSB 1038, SB
1564, HB 532, CSSB 1829, and CSSB 831; Senator Armbrister on
CSSB 1291. Without objection, it was so ordered. These votes
are reflected in the final votes on the aforementioned bills.
There was no action taken for the following subcommittee report:
SB 1711
There being no further business, at 3:37 p.m. Chairman Fraser
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
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Senator Troy Fraser, Chairman
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Tatum Baker, Clerk