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