MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 12, 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 12, 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 9:02 a.m. There
being a quorum present, the following business was transacted:
The chair laid out SB 41 and recognized the author, Senator
Zaffirini, to explain the bill. Senator Estes sent up a
committee substitute; the chair recognized Senator Zaffirini 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 41 be left pending; without
objection, it was so ordered.
The chair laid out SB 788 and recognized the author, Senator
Williams, to explain the bill. Senator Estes sent up a
committee substitute; the chair recognized Senator Williams 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 788 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Averitt moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Averitt moved that SB 788 do not pass but that CSSB 788 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 7
ayes, 2 nays, 0 present not voting, and 0 absent.
The chair laid out SB 790 and recognized the author, Senator
Williams, to explain the bill. Senator Estes sent up a
committee substitute; the chair recognized Senator Williams 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 790 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Fraser moved that SB 790 be left pending;
without objection, it was so ordered.
The chair laid out SB 998 and recognized Senator Lucio, Jr., 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 998
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
that SB 998 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 1309 and recognized Senator Lucio, Jr., in
the absence of the author, to explain the bill. Senator Carona
assumed the chair. Senator Lucio, Jr. 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 Carona
moved that SB 1309 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Lucio moved adoption of Committee Amendment 1; without
objection, it was so ordered. Senator Lucio requested unanimous
consent to roll the amendment into a committee substitute;
without objection, it was so ordered. Senator Lucio then moved
that the committee substitute be adopted; without objection, it
was so ordered. Senator Lucio moved that SB 1309 do not pass
but that CSSB 1309 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 Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
there being an objection, the motion failed.
The chair laid out SB 1408 and recognized the author, Senator
Estes, to explain the bill. Senator Fraser resumed the chair.
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
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 1408
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Estes moved that SB 1408 do not pass but
that CSSB 1408 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 7 ayes, 0 nay, 0 present not
voting, and 2 absent. Senator Estes moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Estes assumed the chair. The chair laid out SB 1229 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 Estes
moved that SB 1229 be left pending; without objection, it was so
ordered. Senator Averitt assumed the chair. Senator Lucio, Jr.
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Fraser requested
unanimous consent to roll the amendment into a committee
substitute; without objection, it was so ordered. Senator
Fraser then moved that the committee substituted be adopted;
without objection, it was so ordered. Senator Fraser moved that
SB 1229 do not pass but that CSSB 1229 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 assumed the chair. The chair laid out SB 1230 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 Estes
moved that SB 1230 be left pending; without objection, it was so
ordered. Senator Averitt assumed the chair. SB 1230 was
brought was back from being left pending and Senator Fraser
moved that SB 1230 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 237 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. Senator Van de
Putte assumed the chair. Witnesses testifying and registering
on the bill are shown on the attached list. Senator Fraser
resumed the chair. Senator Fraser moved that SB 237 be left
pending; without objection, it was so ordered.
At 11:00 a.m. Senator Fraser moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 1:02 p.m. the committee reconvened. Chairman Fraser brought
back up SB 237 that had been left pending before the adjournment
of the Senate.
Senator Brimer assumed the chair at 1:04 p.m. Senator Estes
then assumed the chair at 1:05 p.m. Senator Estes moved that SB
237 be left pending; without objection, it was so ordered.
The chair laid out SB 99 and recognized the author, Senator
Ellis, to explain the bill. Senator Carona sent up a committee
substitute; the chair recognized Senator Ellis to explain the
difference between the committee substitute and the bill as
filed. Senator Van de Putte assumed the chair. 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 Van de Putte moved that
SB 99 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Averitt moved
the adoption of the committee substitute; without objection, it
was so ordered. Senator Averitt then moved that SB 99 do not
pass but that CSSB 99 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 Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 100 and recognized the author, Senator
Ellis, 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 Van de Putte moved that
SB 100 be left pending to await a quorum. Upon the arrival of a
quorum, Senator Lucio, Jr. moved that SB 100 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 5
ayes, 4 nays, 0 present not voting, and 0 absent.
The chair laid out SB 1143 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 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 Van de Putte moved that SB 1143 be left pending to await
a quorum. Upon the arrival of a quorum, Senator Carona moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Carona moved that SB 1143 do not pass but
that CSSB 1143 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.
The chair laid out SB 1590 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 Van de Putte moved that
SB 1590 be left pending to await a quorum. Upon arrival of a
quorum, Senator Brimer moved that SB 1590 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 7 ayes, 0
nay, 0 present not voting, and 2 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 674 and recognized the author, Senator
West, to explain the bill. Senator Carona sent up a committee
substitute; the chair recognized Senator West to explain the
difference between the committee substitute and the bill as
filed. Senator Carona sent up Committee Amendment 1 and Senator
West explained Committee Amendment 1. 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 Van de Putte moved that
SB 674 be left pending to await a quorum. Upon the arrival of a
quorum, Senator Lucio, Jr. moved adoption of Committee Amendment
1 to the proposed committee substitute. Without objection, it
was so ordered. Senator Lucio, Jr. requested unanimous consent
to roll the amendment into a committee substitute; without
objection, it was so ordered. Senator Lucio, Jr. then moved
that the new committee substitute be adopted; without objection,
it was so ordered. Senator Lucio, Jr. moved that SB 674 do not
pass but that CSSB 674 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.
The chair laid out SB 1173 and recognized Senator Carona, in the
absence of the author, 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 Lucio, Jr.
assumed the chair. The chair moved that the public testimony
be closed; without objection, it was so ordered. Senator Lucio,
Jr. moved that SB 1173 be left pending to await a quorum. Upon
arrival of a quorum,
Senator Armbrister moved that Committee Amendment 1 be adopted;
without objection, it was so ordered. Senator Armbrister then
moved that the amendment be rolled into a committee substitute;
without objection , without it was so ordered. Senator
Armbrister then moved that the committee substitute be adopted;
without objection, it was so ordered. Senator Amrbrister moved
that SB 1173 do not pass but that CSSB 1173 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.
Senator Lucio, Jr. moved that the committee stand at ease until
3:00 p.m.
At 3:06 p.m. the committee reconvened. Senator Fraser resumed
the chair. Chairman Fraser requested that the roll be called.
All members were present.
Senator Averitt assumed the chair. The chair laid out SB 533,
pending in committee, and recognized the author, Senator Fraser,
to explain the bill. Senator Fraser moved to adopt Committee
Amendment 1 to the proposed substitute that had been laid out at
a previous hearing; without objection, the amendment was
adopted. Senator Armbrister sent up Committee Amendment 2 and
pulled it down. Senator Armbrister sent up Committee Amendment
3 and moved adoption; without objection, the amendment was
adopted. Senator Armbrister sent up Committee Amendment 4 and
moved adoption; without objection, the amendment was adopted.
Senator Armbrister explained Committee Amendment 5. Senator
Armbrister then explained Committee Amendment 6. Senator
Fraser requested unanimous consent to roll the adopted
amendments into a committee substitute; without objection, it
was so ordered. Senator Fraser moved adoption of the new
committee substitute; without objection, it was so ordered.
Senator Fraser moved that SB 533 do not pass but that CSSB 533
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.
The posting rule, Senate Rule 11.18, was suspended to hear the
following subcommittee reports:
SB 920
SB 1318
SB 1321
The subcommittee report on SB 920 was laid out by Senator
Averitt. Senator Van de Putte was recognized to explain the
subcommittee report on SB 920. Witnesses registering on the
bill are shown on the attached list. Senator Estes then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Estes moved that SB 920 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 7
ayes, 0 nay, 0 present not voting, and 2 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 subcommittee report on SB 1318 was laid out by Senator
Averitt. Senator Van de Putte then moved adoption of the
subcommittee report for CSSB 1318; there being no objection, it
was so ordered. CSSB 1318 had been adopted in subcommittee.
The motion carried with a record vote of 8 ayes, 0 nay, 0
present not voting, and 1 absent. Senator Averitt moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 1321 was laid out by Senator
Averitt. Senator Carona was recognized to explain the
subcommittee report on CSSB 1321, adopted in subcommittee.
Witnesses registering on the bill are shown on the attached
list. Senator Carona then moved adoption of the subcommittee
report; there being no objection, it was so ordered. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 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 Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by Senator Fraser on SB
920, CSSB 1318, CSSB 1321, CSSB 1408, and SB 1590; Senator
Eltife on CSSB 1309; Senator Lucio on CSSB 533, CSSB 1408, SB
1590, SB 920, CSSB 1318, and CSSB 1321. These votes are
included in the final votes as shown on the aforementioned
bills.
There being no further business, at 4:09 p.m. Senator Averitt
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