MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 21, 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 Thursday, April 21, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Kip Averitt
Senator Kenneth Armbrister, Vice Chairman Senator John Carona
Senator Kim Brimer
Senator Kevin Eltife
Senator Craig Estes
Senator Eddie Lucio, Jr.
Senator Leticia Van de Putte
*****
The chair called the meeting to order at 9:09 a.m. The chair
laid out HB 1236 and recognized the Senate sponsor, Senator
Harris, 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 HB 1236 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Lucio, Jr. moved that HB 1236 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 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 1056 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 Fraser moved that
SB 1056 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that SB 1056 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 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 HB 1154 and recognized Senator Lucio, Jr., in
the absence of the Senate sponsor, 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 HB 1154 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Lucio, Jr. moved that HB 1154 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 Lucio, Jr. moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Lucio, Jr. assumed the chair.
The chair laid out HB 1319 and recognized the Senate sponsor,
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 Lucio, Jr. moved that HB
1319 be left pending; without objection, it was so ordered. HB
1319 was brought back up from pending business. Senator Fraser
moved that HB 1319 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 Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1507 and recognized the Senate sponsor,
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.
The roll was called at 9:36 a.m. and a quorum was present.
Senator Fraser moved that HB 1507 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 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 246 and recognized the author, Senator
Gallegos, Jr., to explain the bill. Senator Lucio, Jr. sent up
a committee substitute; the chair recognized Senator Gallegos,
Jr. to explain the difference between the committee substitute
and the bill as filed. Senator Lucio, Jr. sent up Committee
Amendment 1 to the proposed committee substitute and Senator
Gallegos 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 Fraser moved that SB 246
be left pending; without objection, it was so ordered.
The subcommittee report on SB 1764 was laid out by Senator
Fraser. Senator Gallegos, Jr. was recognized to explain the
subcommittee report on CSSB 1764, adopted in subcommittee.
Senator Lucio then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator Lucio, Jr.
moved that SB 1764 do not pass but that CSSB 1764 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 6 ayes, 0
nay, 0 present not voting, and 3 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 HB 1286 and recognized the Senate sponsor,
Senator Brimer, 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 HB 1286 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 3 absent. Senator Brimer
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Lucio, Jr. assumed the chair.
The chair laid out SB 1748 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. Witnesses testifying and registering on the bill are
shown on the attached list. Senator Eltife assumed the chair at
10:36 a.m. Senator Lucio, Jr. then resumed the chair at 10:49
a.m. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Frasser moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Fraser moved that SB 1748 do not pass but
that CSSB 1748 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 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 Chairman read a Motion in Writing requesting unanimous
consent to be shown voting aye submitted by Senator Van de
Putte on SB 1056, HB 1154, HB 1236, HB 1286, HB 1319, HB 1507,
and CSSB 1764. These votes are reflected in the final votes on
the aforementioned bills.
At 10:56 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 1:20 p.m. the committee reconvened.
The chair laid out SB 618, SB 617, and SB 625 together and
recognized the author, Senator Shapleigh, to explain the bills.
Witnesses testifying and registering on the bill are shown on
the attached list. At 2:09 p.m. Senator Van de Putte assumed
the chair. The chair moved that the public testimony be closed;
without objection, it was so ordered. At 2:19 p.m. Senator
Fraser resumed the chair. Senator Fraser then moved that SB
618, SB 617, and SB 625 be left pending; without objection, it
was so ordered.
At 2:24 p.m. the committee stood at ease.
At 2:37 p.m. the committee reconvened.
The chair laid out SB 1697, pending in committee, by Senator
Duncan. Senator Eltife moved to withdraw Committee Amendment 1,
previously sent up in committee. Without objection, it was so
ordered. Senator Eltife then moved that SB 1697 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, 0 nay, 0 present not voting, and 4 absent.
There was no action taken for the following subcommittee report:
SB 831
There being no further business at 2:41 p.m. the Chairman 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