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. ________________________________ Troy Fraser, Chairman ________________________________ Tatum Baker, Clerk