MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                                Tuesday, May 3, 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, May 3, 2005, in the Betty King  
         Committee Hearing Room, 2E.20, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Troy Fraser, Chairman           Senator John Carona 
         Senator Kip Averitt, Vice Chairman 
         Senator Kenneth Armbrister 
         Senator Kim Brimer 
         Senator Kevin Eltife 
         Senator Craig Estes 
         Senator Eddie Lucio, Jr. 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:06 a.m. 
          
         At 9:07 a.m. Senator Eltife assumed the chair.   
          
         The chair laid out HB 2298 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 Fraser moved that HB 2298 be left pending to  
         await a quorum; without objection, it was so ordered.  Senator  
         Averitt assumed the chair.  Upon arrival of a quorum, Senator  
         Fraser moved that HB 2298 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 Fraser moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Eltife assumed the chair. 
          
         The chair laid out SB 745 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 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 745 be left pending; without  
         objection, it was so ordered.   
          
         At 9:15 a.m. Senator Fraser resumed the chair.   
          
         The chair laid out HB 2553 and recognized Senator Averitt, 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 Fraser moved that  
         HB 2553 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that HB 2553 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 HB 1531 and recognized the Senate sponsor,  
         Senator Harris, 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 Fraser moved that HB 1531 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Lucio, Jr. moved that HB 1531 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 HB 1018 and recognized Representative Melissa  
         Noriega, to explain the bill.  The Senate sponsor is Senator  
         Ellis.  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 1018 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Estes sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  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 HB 1018 do not pass but that CSHB 1018 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 CSHB 1018 be recommended for placement on the Local &  
         Uncontested Calendar; there was an objection, the motion failed.  
          
         The roll was called at 9:29 a.m. and a quorum was present.  
          
         The chair laid out HB 1130 and recognized the Senate sponsor,  
         Senator Ellis, to explain the bill.   
         Senator Lucio, Jr. sent up a committee substitute; the chair  
         recognized Senator Ellis 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 Lucio moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Lucio, Jr. moved that HB 1130 do not pass  
         but that CSHB 1130 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.   
          
         The chair laid out HB 1982 and recognized Senator Eltife, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
         no witnesses registering on the bill.  Senator Fraser moved that  
         HB 1982 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Eltife moved  
         that HB 1982 be reported favorably 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 Eltife moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1580 and recognized Senator Averitt, in  
         the absence of the author, 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.  Senator Fraser moved to limit  
         testimony on SB 1580 to two minutes; without objection, it was  
         so ordered.  Witnesses testifying and registering on the bill  
         are shown on the attached list.  At 9:57 a.m. Senator Armbrister  
         assumed the chair.  At 10:21 a.m. Senator Fraser resumed the  
         chair.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Fraser moved that  
         SB 1580 be left pending; without objection, it was so ordered.   
          
         The chair laid out HB 210 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.  There were no witnesses  
         registering on the bill.  Senator Fraser moved that HB 210 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Armbrister moved  
         that HB 210 be reported favorably 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 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 HB 2171 and recognized the Senate sponsor,  
         Senator Armbrister, 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 Armbrister moved that HB 2171 be reported  
         favorably 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  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB 168 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  There were no  
         witnesses registering on the bill.  Senator Armbrister moved  
         that HB 168 be reported favorably 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 chair laid out SB 757 and recognized the author, Senator  
         Armbrister, to explain the bill.   
         Senator Armbrister sent up a committee substitute; the chair  
         recognized Senator Armbrister 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 Armbrister moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Armbrister moved that SB 757 do not pass  
         but that CSSB 757 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 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 Averitt on HB 210, CSHB 1018, HB 1982, HB 2171, HB 168,  
         and CSSB 757; Senator Armbrister on  CSHB 1130, HB 1531, HB  
         2298, and HB 2553; Senator Estes on CSHB 1130, HB 1531, HB 2298,  
         and HB 2553; Senator Van de Putte on  CSHB 1130, HB 1531, HB  
         2298, HB 2553, HB 210, CSHB 1018, HB 1982, HB 2171, HB 168, and  
         CSSB 757.  Without objection, it was so ordered.  These votes  
         are reflected in the final votes on the aforementioned bills. 
          
         There being no further business, at 10:51 a.m. Chairman 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