MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, March 8, 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, March 8, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman 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. There
being a quorum present, the following business was transacted:
Chairman Fraser advised the members that SB 332, which was left
pending, would not be heard at today's hearing.
Chairman Fraser then laid out SB 269 and recognized the author,
Senator Madla, to explain the bill. Senator Lucio sent up the
proposed substitute, provided to the members, and Senator Madla
explained the difference between the bill and the substitute.
There were no witnesses registering to testify on SB 269. The
Chairman then moved that 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 then moved
that SB 269 do not pass but that CSSB 269 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 moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Chairman Fraser laid out SB 446 and recognized the author,
Senator Carona to explain the bill. Senator Lucio sent up the
proposed substitute, provided to the members, and Senator Carona
explained the difference between the bill and the substitute.
Chairman Fraser called the first witness, Michele Sullender,
Simon Property Group, against the bill, to testify. Following
Ms. Sullender's testimony, the Chairman called Rachel Dennis,
Texas Bankers Association, against the bill, to testify. Upon
completion of Ms. Dennis' testimony, the Chairman called Randall
James, Commissioner, Texas Department of Banking, a resource
witness, to testify. Witnesses registering for the bill, but
not testifying, are shown on the attached list. Chairman Fraser
moved that 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 then moved
that SB 446 do not pass but that CSSB 446 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 Armbrister assumed the chair, laid out SCR 6 and
recognized the author, Senator Fraser, to explain the bill.
Witnesses registering for the concurrent resolution, but not
testifying, are shown on the attached list. Senator Armbrister
moved that public testimony be closed; without objection, it was
so ordered.
Senator Fraser moved that SCR 6 be reported back to the Senate
with the recommendation that it do pass and be printed. The
motion carried with 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 Armbrister laid out SB 334, and recognized Senator
Fraser as a courtesy to Senator Duncan, to explain the bill.
Senator Fraser sent up the proposed substitute, provided to the
members, and Senator Fraser explained the difference between the
bill and the substitute.
Senator Armbrister called Guy Choate, Texas Trail Lawyers
Association, against the bill, to testify. Following Mr.
Choate's testimony, Senator Armbrister called Thomas Ratliff,
Home Depot, for the bill, to testify. Upon completion of Mr.
Ratliff's testimony, Senator Armbrister moved that public
testimony be closed; without objection, it was so ordered.
Senator Fraser moved adoption of the committee substituted;
without objection, it was so ordered. Chairman Fraser then
moved that SB 334 do not pass but that CSSB 334 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record voted of 7 ayes, 0
nay, 0 present not voting, and 2 absent. Chairman Fraser moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Armbrister laid out SB 306, and recognized Senator
Fraser as a courtesy to Senator Duncan, to explain the bill.
Senator Armbrister called Larry Temple, Texas Workforce
Commission, resource witness, to testify on the bill. Following
Mr. Temple's testimony Senator Fraser moved that SB 306 be left
pending; without objection, it was so ordered.
Senator Fraser reassumed the chair and read Motions in Writing
requesting unanimous consent to be shown voting aye submitted
by: Senator Carona on CSSB 446, SCR 6, and CSSB 334; Senator
Lucio on CSSB 334; Senator Armbrister on CSSB 269; Senator
Brimer on CSSB 269; Senator Van de Putte on CSSB 269, SCR 6, and
CSSB 446. Without objection, it was so ordered. These votes
are included in the final votes as shown on the aforementioned
bills.
There being no further business, at 10:50 a.m. the Chairman then
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
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Troy Fraser, Chairman
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Tatum Baker, Clerk