MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 5, 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, April 5, 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
chair laid out SB 1668 and recognized the author, Senator Estes,
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 SB 1668 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Estes moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Estes moved that SB 1668 do not pass but that CSSB 1668 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 Estes
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Carona assumed the chair. The chair laid out SB 1747
and recognized the author, Senator Fraser, 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
requested that the bill be temporarily left pending for the roll
to be called. The clerk called the roll and a quorum was
established at 9:09 a.m. SB 1747 was brought back from
temporary pending business. Senator Fraser then moved that SB
1747 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 Fraser moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Fraser resumed the chair. The chair laid out SB 629 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 629 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 1112, pending in committee, and recognized
the author, Senator Eltife, to explain the bill. Public
testimony had been closed at the previous hearing. Senator
Eltife moved that SB 1112 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.
Senator Carona assumed the chair. The chair laid out SB 781 and
recognized the author, Senator Fraser, 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 781 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Fraser moved that SB 781 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.
The chair laid out SB 782 and recognized the author, 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 Carona moved that SB 782 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Fraser moved that SB 782 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.
The chair laid out SB 443 and recognized Senator Fraser, 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 Fraser moved that SB 443
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 Fraser resumed the chair. The chair laid out SB 1591
and recognized the author, Senator Carona, to explain the bill.
Senator Carona sent up a committee substitute; the chair
recognized Senator Carona 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 Carona moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Carona moved that SB 1591 do not pass but
that CSSB 1591 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.
The chair laid out SB 1454 and recognized the author, Senator
Wentworth, 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 SB 1454 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 the subcommittee report on SB 150 by
Wentworth and recognized Senator Carona to explain the
subcommittee report. Senator Carona moved that SB 150 do not
pass but that CSSB 150, adopted in subcommittee, be reported
back to the Senate and 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 SB 1592 and recognized the author, 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 Carona moved that SB 1592 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 1282 and recognized the author, Senator
Armbrister, to explain the bill. Senator Armbrister sent up
Committee Amendment 1. 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 adoption of Committee Amendment 1;
without objection, the amendment was adopted. Senator
Armbrister requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Armbrister then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Armbrister moved that SB 1282 do not pass but that CSSB
1282 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 SB 1283 and recognized the author, 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 SB 1283 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. Witnesses testifying and
registering on the bill are shown on the attached list.
The chair laid out SB 1558 and recognized the author, 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 Lucio, Jr. moved that SB 1558 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 1559 and recognized the author, 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 Lucio, Jr. moved that SB 1559 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 1215 and recognized the author, Senator
Eltife, to explain the bill. Senator Eltife sent up a committee
substitute; the chair recognized Senator Eltife 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 Eltife moved adoption of the committee substitute;
without objection, it was so ordered. Senator Eltife moved that
SB 1215 do not pass but that CSSB 1215 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 Eltife moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Fraser advised the members that SB 1748 would not be
heard at today's hearing.
The chair laid out SB 14 and recognized the author, Senator
Jackson, 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 Armbrister moved that SB
14 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.
Senator Fraser read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by: Senator Van de
Putte on SB 443, SB 629, SB 781, SB 782, CSSB 1215, CSSB 1282,
SB 1112, SB 1283, SB 1454, SB 1558, SB 1559, CSSB 1591, SB 1592,
CSSB 1668, SB 1747, and CSSB 150; Senator Lucio, Jr. on SB 443,
SB 781, and SB 782; Senator Armbrister on SB 629, CSSB 1668, SB
1112, SB 1558, SB 1559, and CSSB 1215; Senator Carona on CSSB
1282, SB 1283, SB 1558, SB 1559, CSSB 1215, and SB 14; Senator
Brimer on SB 1747, CSSB 1668, SB 443, SB 629, SB 781, SB 782,
CSSB 1591, SB 1112, and SB 14. These votes are included in the
final votes as shown on the aforementioned bills
At 10:56 a.m. Senator Fraser moved that the committee stand
recessed until 15 minutes after the adjournment of the Senate;
without objection, it was so ordered.
At 1:45 p.m. the committee reconvened. Senator Fraser read a
Motion in Writing requesting unanimous consent to be shown
voting aye submitted by Senator Averitt on SB 1112, SB 14, SB
443, SB 629, SB 781, SB 782, CSSB 1215, CSSB 1282, SB 1283, SB
1454, SB 1558, SB 1559, CSSB 1591, SB 1592, CSSB 1668, and SB
1747. These votes are included in the final votes as shown on
the aforementioned bills.
The Chairman advised the members that SB 533, SB 836, and SB
1075 would all be laid out together. Senator Fraser had
suspended the twenty-four hour posting rule on the floor in
order to take up and consider SB 836 and SB 1075. Chairman
Fraser first recognized Senator Duncan on SB 836 to explain the
bill.
Senator Averitt assumed the chair. The chair laid out SB 1075
and recognized Senator Fraser in the absence of the author, to
explain the bill. The chair then laid out SB 533 and recognized
the author, Senator Fraser, to explain the bill. Senator
Fraser sent up a committee substitute; the chair recognized
Senator Fraser to explain the difference between the committee
substitute and the bill as filed. Senator Brimer assumed the
chair. Senator Fraser sent up Committee Amendment 1 on SB 533.
Senator Fraser resumed the chair. Witnesses testifying and
registering on all the bills are shown on the attached list.
The chair moved that the public testimony be closed on SB 533,
SB 836, and SB 1075; without objection, it was so ordered.
Senator Fraser moved that SB 533, SB 836, and SB 1075 be left
pending; without objection, it was so ordered.
There being no further business, at 4:56 p.m. Senator Fraser
moved that the Committee stand recessed until call of the
chairman. Without objection, it was so ordered.
____________________________
Troy Fraser, Chairman
____________________________
Tatum Baker, Clerk