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