MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                               Thursday, May 19, 2005 
                                     8:00 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, May 19, 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 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:18 a.m.   
          
         The chair laid out HB 2157 and recognized the Senate sponsor,  
         Senator Harris, 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 HB 2157  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Averitt sent up a  
         committee substitute.  Senator Averitt then moved that HB 2157  
         do not pass but that CSHB 2157 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 6 ayes, 0 nay, 0 present  
         not voting, and 3 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 HB 843 and recognized the Senate sponsor,  
         Senator Nelson, 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 HB 843  
         be left pending; without objection, it was so ordered.   
         The roll was called at 8:37 a.m. and a quorum was present. 
  
         The chair laid out HB 1744 and recognized the Senate sponsor,  
         Senator Hinojosa, 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 Van de Putte moved that HB 1744 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 Van de  
         Putte moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 8:39 a.m. Senator Carona assumed the chair.  
          
         The chair laid out HB 789, pending business, and recognized the  
         Senate sponsor, Senator Fraser, to explain the bill.  Senator  
         Fraser withdrew the committee substitute that was sent up at a  
         previous hearing.  Senator Fraser sent up a new committee  
         substitute; the chair recognized Senator Fraser to explain the  
         new committee substitute.  Public testimony was closed at a  
         previous hearing.  Senator Fraser moved adoption of the new  
         committee substitute; without objection, it was so ordered.   
         Senator Fraser moved that HB 789 do not pass but that CSHB 789  
         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.   
          
         The chair laid out HB 2388 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 2388 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.   
          
         Senator Carona moved that public testimony be limited to two  
         minutes; without objection, it was so ordered. 
          
         The chair laid out HB 62 and recognized the Senate sponsor,  
         Senator Eltife, 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 Eltife moved that  
         HB 62 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 Eltife moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB 2303 and recognized the Senate sponsor,  
  
         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 Carona moved adoption of  
         the committee substitute; without objection, it was so ordered.   
         Senator Armbrister moved that HB 2303 do not pass but that CSHB  
         2303 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 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 3140 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 3140 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  
         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 2965 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 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 HB 2965 do not  
         pass but that CSHB 2965 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 2716 and recognized the Senate sponsor,  
         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.  Senator Eltife  
         moved that HB 2716 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 Eltife moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
  
         The chair laid out HB 3048 and recognized Senator Eltife, 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 Carona moved that HB 3048  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved  
         that HB 3048 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 HB 3300 and recognized Senator Eltife, 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 Eltife moved that HB 3300  
         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 Eltife moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out HB 1132 and recognized Senator Armbrister, 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 Carona moved that  
         HB 1132 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Averitt moved  
         that HB 1132 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 Averitt moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB 2613 and recognized Senator Armbrister, 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 Carona moved that HB 2613 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Averitt moved that HB 2613 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 Averitt moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
  
         The chair laid out HB 2590 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.  There were no  
         witnesses registered on the bill.  Senator Carona moved that HB  
         2590 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Carona moved  
         that HB 2590 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 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 3376 and recognized the Senate sponsor,  
         Senator Lucio, Jr., 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 3376 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Estes moved that HB 3376 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.   
          
         At 9:16 a.m. Senator Lucio, Jr. assumed the chair.   
          
         The chair laid out HB 2064 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were  no witnesses  
         registered on the bill.  Senator Lucio, Jr. moved that HB 2064  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Carona moved that HB  
         2064 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 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 2065 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  There were no witnesses  
         registered on the bill. Senator Lucio, Jr. moved that HB 2065 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Carona moved that HB  
         2065 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 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 2627 and recognized the Senate sponsor,  
         Senator Carona, 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 Lucio, Jr. moved that HB 2627 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Carona moved that HB 2627 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  
         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 900 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 Lucio, Jr. moved  
         that HB 900 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Averitt moved that HB 900 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 Averitt moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 9:28 a.m. Senator Fraser resumed the chair.   
          
         The chair laid out HB 2959 and recognized Senator Carona, 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 2959  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Averitt sent up  
         Committee Amendment 1 and explained the amendment.  Senator  
         Averitt moved adoption of the amendment; without objection, it  
         was so ordered.  Senator Averitt requested unanimous consent to  
         roll the amendment into a committee substitute; without  
         objection, it was so ordered.  Senator Averitt then moved that  
         the committee substitute be adopted; without objection, it was  
         so ordered.  Senator Averitt moved that HB 2959 do not pass but  
         that CSHB 2959 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 Averitt moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB 3384 and recognized Senator Carona, 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 3384  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Eltife moved that HB  
         3384 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 Eltife moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB 3149 and recognized Senator Carona, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
         no cards registered on the bill. Senator Fraser moved that HB  
         3149 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Eltife moved  
         that HB 3149 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 Eltife moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB 1146 and recognized Senator Carona, in the  
         absence of the Senate sponsor, to explain the bill.  Senator  
         Carona sent up Committee Amendment 1, Committee Amendment 2, and  
         Committee Amendment 3, and explained the amendments.  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 1146 be left pending; without objection, it was so ordered.   
         Senator Averitt withdrew Committee Amendment 3 and sent up a new  
         Committee Amendment 3.  Senator Averitt moved adoption of  
         Committee Amendment 1, Committee 2, and the new Committee  
         Amendment 3; without objection, it was so ordered.  Senator  
         Averitt requested unanimous consent to roll the amendments into  
         a committee substitute; without objection, it was so ordered.   
         Senator Averitt then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Senator Averitt  
         moved that HB 1146 do not pass but that CSHB 1146 be reported  
         back to the Senate with the recommendation that it do pass and  
         be printed.  The motion carried with a record vote of 6 ayes, 0  
         nay, 0 present not voting, and 3 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 HB 1823 and recognized the Senate sponsor,  
         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.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lucio, Jr. moved adoption  
         of the committee substitute; without objection, it was so  
         ordered.  Senator Lucio, Jr. moved that HB 1823 do not pass but  
  
         that CSHB 1823 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 HB 698, pending business, and recognized the  
         Senate sponsor, Senator Averitt, to explain the bill.  Senator  
         Averitt sent up Committee Amendment 1 and Committee Amendment 2,  
         and explained the amendments.  Senator Fraser moved that HB 698  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Averitt moved  
         adoption of the amendments; without objection, it was so  
         ordered.  Senator Averitt requested unanimous consent to roll  
         the amendments into a committee substitute; without objection,  
         it was so ordered.  Senator Averitt then moved that the  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Averitt moved that HB 698 do not pass but that  
         CSHB 698 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 Averitt 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 Brimer on HB 1744, CSHB 789, HB 2716, HB 3300, HB 3048,  
         CSHB 1823, HB 900, HB 1132, HB 2064, HB 2065, HB 2613, HB 2590,  
         HB 2627, HB 3376, HB 3384, HB 3149, CSHB 2959,  CSHB 698, and  
         CSHB 2267; Senator Van de Putte on HB 62, HB 1744, CSHB 1823, HB  
         900, CSHB 2303, HB 2716, CSHB 2965, HB 3048, HB 1132, HB 2064,  
         HB 2065, HB 2590, HB 2613, HB 2627, HB 3376, HB 3384, HB 3149,  
         CSHB 2959, CSHB 698, and CSHB 3140; Senator Averitt on HB 62, HB  
         1744, CSHB 2303, HB 2388, HB 2716, CSHB 2965, HB 3140, HB 3300,  
         and CSHB 789.  Without objection, it was so ordered.  These  
         votes are reflected in the final votes on the aforementioned  
         bills. 
          
         At 10:57 p.m. Senator Averitt assumed the chair.   
          
         Senator Fraser requested to be shown voting aye on HB 62, CSHB  
         2303, HB 3140, HB 3300, HB 3048, HB 2716, and CSHB 2965.   
         Without objection, it was so ordered.  These votes are reflected  
         in the final votes on the aforementioned bills. 
          
         At 10:58 a.m. Senator Fraser resumed the chair.  
          
         The Chairman read a Motion in Writing requested by Senator Lucio  
         to be shown voting aye on  HB 2064, HB 2065, HB 2590, HB 2613,  
         HB 2627, HB 3376, HB 3384, HB 3149, HB 2959, CSHB 2267, HB 900,  
         and HB 1132.  Without objection, it was so ordered.  These votes  
         are reflected in the final votes on the aforementioned bills.  
          
         At 11:00 a.m. Senator Averitt assumed the chair.   
          
         The chair laid out HB 2267, pending business, and recognized  
         Senator Fraser, in the absence of the Senate sponsor, to explain  
         the bill.  Senator Fraser explained Committee Amendment 1 that  
         was sent up at a previous hearing.  Senator Fraser sent up  
         Committee Amendment 2 and explained the amendment.  Senator  
         Fraser moved adoption of Committee Amendment 1 and Committee  
         Amendment 2; without objection, it was so ordered.  Senator  
         Fraser requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Fraser then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Senator Fraser  
         moved that HB 2267 do not pass but that CSHB 2267 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 Fraser moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         At 11:05 a.m. Senator Fraser resumed the chair.   
          
         At 11:06 a.m. Senator Fraser moved that the committee stand  
         recessed until 15 minutes after  
         adjournment of the Senate; without objection, it was so ordered.   
          
         At 2:03 p.m. the committee reconvened.   
          
         The chair laid out HB 3428 and recognized the Senate sponsor,  
         Senator Seliger, 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 HB 3428  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Eltife moved that HB  
         3428 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 HB 363 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  There were no  
         witnesses registered on the bill.  Senator Fraser moved that HB  
         363 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Estes moved that  
         HB 363 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 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 1892 and recognized the Senate sponsor,  
  
         Senator Barrientos, to explain the bill.  There were no  
         witnesses registered on the bill.  Senator Fraser moved that HB  
         1892 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that HB 1892 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 2879 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  There were no  
         witnesses registered on the bill.  Senator Fraser moved that HB  
         2879 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that HB 2879 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 3221 and recognized the Senate sponsor,  
         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.  Senator Estes moved that HB 3221 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 Estes moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         At 2:16 p.m. Senator Averitt assumed the chair.   
          
         The chair laid out HB 1891 and recognized Senator Fraser, 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 1891  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Estes moved that HB  
         1891 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 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 1890 and recognized Senator Fraser, 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 Averitt moved  
  
         that HB 1890 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Estes sent up the committee substitute.  Senator Estes moved  
         that HB 1890 do not pass but that CSHB 1890 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 HB 1572 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill.  There were no witnesses  
         registered on the bill.  Senator Averitt moved that HB 1572 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Van de Putte moved  
         that HB 1572 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 Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 2:25 p.m. Senator Fraser resumed the chair.   
          
         The chair laid out HB 1399 and recognized Senator Averitt, in  
         the absence of the Senate sponsor, 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.  There were no witnesses  
         registered on the bill.  Senator Fraser moved that HB 1399 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved  
         that HB 1399 do not pass but that CSHB 1399 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 6 ayes, 0  
         nay, 0 present not voting, and 3 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 2437 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
         no witnesses registered on the bill. Senator Fraser moved that  
         HB 2437 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that HB 2437 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 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 637 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
  
         no witnesses registered on the bill. Senator Fraser moved that  
         HB 637 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Eltife moved  
         that HB 637 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 HB 2941 and recognized Senator Estes, in the  
         absence of the Senate sponsor, 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 Fraser moved that HB 2941  
         be left pending; without objection, it was so ordered.  Senator  
         Eltife moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Eltife moved that HB 2941  
         do not pass but that CSHB 2941 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 Eltife moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB 955 and recognized the Senate sponsor,  
         Senator Averitt, to explain the bill.   
         Senator Averitt sent up Committee Amendment 1, Committee  
         Amendment 2, and Committee Amendment 3 and explained the  
         amendments.  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 955 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Averitt moved to adopt all three amendments; without objection,  
         it was so ordered.  Senator Averitt requested unanimous consent  
         to roll the amendments into a committee substitute; without  
         objection, it was so ordered.  Senator Averitt then moved that  
         the committee substitute be adopted; without objection, it was  
         so ordered.  Senator Averitt moved that HB 955 do not pass but  
         that CSHB 955 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.    
          
         The chair laid out HB 853 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Senator Averitt sent up a  
         committee substitute; the chair recognized Senator Harris 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 that HB 853 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Lucio, Jr. moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Lucio, Jr. moved that HB  
         853 do not pass but that CSHB 853 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 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 1234 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 1234 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Lucio, Jr. moved that HB 1234 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 2421 and recognized Senator Averitt, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         Averitt sent up Committee Amendment 1 and explained the  
         amendment.  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 2421 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB 412 and recognized Senator Estes, in the  
         absence of the Senate sponsor, 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 Fraser moved that HB 412  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Van de Putte moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Van de Putte moved that HB 412 do not pass  
         but that CSHB 412 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.   
          
         At 3:13 p.m. Chairman Fraser requested the roll to be called.  A  
         quorum was present. 
          
         The Chairman read Motions in Writing requesting unanimous  
  
         consent to be shown voting aye submitted by the following:  
         Senator Averitt on HB 637, CSHB 853, HB 1234, HB 1572, HB 1892,  
         HB 2879, CSHB 2941, HB 3221, and HB 3428; Senator Armbrister on  
         CSHB 412, CSHB 955, HB 3428, HB 363, HB 1892, HB 2879, HB 3221,  
         HB 1891, CSHB 1890, HB 1572, CSHB 1399, HB 2437, HB 637, CSHB  
         2941, CSHB 698, CSHB 853, HB 1234, CSHB 1317, and CSHB 607.   
         Without objection, it was so ordered.  These votes are reflected  
         in the final votes on the aforementioned bills. 
          
         The chair laid out HB 1317 and recognized Senator Van de Putte,  
         in the absence of the Senate sponsor, to explain the bill.   
         Senator Van de Putte sent up Committee Amendment 1 and explained  
         the amendment.  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.   
          
         At 3:54 p.m. Senator Fraser moved that the committee stand at  
         ease; without objection, it was so ordered.   
          
         At 3:59 p.m. the committee came back to order. 
          
         Senator Fraser brought back up HB 1317.  Senator Lucio, Jr.   
         moved adoption of Committee Amendment 1; without objection, it  
         was so ordered.  Senator Lucio, Jr. requested unanimous consent  
         to roll the amendment into a committee substitute; without  
         objection, it was so ordered.  Senator Lucio, Jr. then moved  
         that the committee substitute be adopted; without objection, it  
         was so ordered.  Senator Lucio, Jr. moved that HB 1317 do not  
         pass but that CSHB 1317 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.   
          
         The chair laid out HB 607, pending business, and recognized  
         Senator Lucio, Jr., in the absence of the Senate sponsor, 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.  Senator Lucio, Jr. moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Lucio, Jr. moved that HB 607 do not pass but that CSHB 607 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
         ayes, 0 nay, 0 present not voting, and 3 absent.   
          
         The posting rule, Senate Rule 11.10 and 11.18, were suspended to  
         hear the following bills:  
          
         HB 363 
         HB 637 
         HB 853 
         HB 1234 
         HB 1399 
         HB 1572 
         HB 1892 
  
         HB 2421 
         HB 2437 
         HB 2879 
         HB 2941 
         HB 3221 
         HB 3428 
          
         There being no further business, at 4:07 p.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