MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, March 29, 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 29, 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
*****
Chairman Fraser called the meeting to order at 9:01 a.m. The
Chairman laid out SB 807 and SJR 21 together and recognized the
author, Senator Averitt to explain the bill and the joint
resolution. Witnesses registering on both the bill and the
joint resolution, but not testifying, are shown on the attached
list. Chairman Fraser moved that public testimony be closed on
SB 807 and SJR 21; without objection, it was so ordered.
Senator Fraser moved that SB 807 and SJR 21 be left pending to
await a quorum. Upon arrival of a quorum, Senator Carona moved
that SB 807 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 Carona moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator Brimer then moved
that SJR 21 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.
Chairman Fraser laid out SB 810 and recognized the author,
Senator Averitt to explain the bill. Witnesses registering and
testifying 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 810 be left
pending to await a quorum. Upon arrival of a quorum, Senator
Brimer moved that SB 810 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 Carona moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out SB 636 and recognized the author, Senator
Barrientos, 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 SB 636
be left pending; without objection, it was so ordered.
Chairman Fraser laid out SB 876 and recognized the author,
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.
A quorum was established at 9:24 a.m.
Senator Carona moved that SB 876 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 Carona moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB 918 and recognized the author, Senator
Gallegos, Jr., to explain the bill. Senator Lucio, Jr. sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. 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 SB 918 be left pending; without
objection, it was so ordered.
The chair laid out SB 265 and recognized the author, Senator
Williams, 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 SB
265 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 SB 495 and recognized the author, Senator
Williams, 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 SB
495 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 Van de Putte moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB 796 and recognized the author, Senator
Lucio, Jr., 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 SB
796 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 SB 709 and recognized the author, Senator
Carona, 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 Carona moved that SB 709
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 Carona moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out SB 988 and recognized the author, Senator
Carona, to explain the bill. Senator Carona sent up Committee
Amendment 1. Witnesses testifying and registering on the bill
are shown on the attached list. Senator Fraser moved that SB
988 and Committee Amendment 1 be temporarily laid on the table.
The chair laid out SB 171 and recognized Senator Brimer, in the
absence of the author, 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 Brimer moved that SB 171
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 SB 359, pending in committee, and recognized
the author, Senator Harris, 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 SB 359 do not pass but that CSSB 359 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 Brimer
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Chairman Fraser laid out the subcommittee report on CSSB 96 by
Senator Shapleigh and recognized Senator Carona, Chairman,
Subcommittee on Emerging Technologies and Economic Development,
to explain the report. 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 SB 96 do not pass but that CSSB 96,
adopted in subcommittee, be reported back to the Senate 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
Carona moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Chairman Fraser laid out the subcommittee report on SB 255 by
Senator Carona, and recognized Senator Carona to explain the
report. 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 the subcommittee report on SB 255 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 Carona
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Chairman Fraser laid out the subcommittee report on CSSB 602 by
Senator Ellis, and recognized Senator Carona to explain the
report. 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 that SB 602 do not pass but that CSSB 602,
adopted in subcommittee, be reported back to the Senate 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
Carona moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Chairman Fraser brought back up SB 988, which had been
temporarily laid on the table, and recognized Senator Carona on
the bill and the amendment that had been laid out. Senator
Carona withdrew Committee Amendment 1 that had been sent up
earlier in the hearing. Senator Carona sent up a new Committee
Amendment 1. The chair asked if anyone else wished to testify
for, against, or on SB 988 there being none public testimony was
closed. Senator Carona moved adoption of the new Committee
Amendment 1; without objection, the amendment was adopted.
Senator Carona requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Carona then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Carona moved that SB 988 do not pass but that CSSB 988
be reported back to the Senate with the recommendation that it
do pass and be printed. Senator Carona moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Fraser read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by: Senator Averitt on
SB 807, SB 810, SB 876, SJR 21, SB 265, SB 495, SB 709, SB 171,
CSSB 359, CSSB 96, SB 255, CSSB 602, and CSSB 988; Senator
Armbrister on SB 807, SB 810, SB 876, and SJR 21; Senator Lucio
on SB 807, SJR 21, and SB 876; Senator Eltife on CSSB 96, SB
171, SB 255, CSSB 602, and CSSB 988; Senator Van de Putte on SB
807, SB 876, SB 796, SB 709, CSSB 988, SB 171, CSSB 359, CSSB
96, SB 255, and CSSB 602; Senator Estes on SB 265, SB 495, SB
796, SB 709, CSSB 988, SB 171, CSSB 359, CSSB 96, SB 255, and
CSSB 602. 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 10:44 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