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