MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 3, 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, May 3, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator John Carona
Senator Kip Averitt, Vice Chairman
Senator Kenneth Armbrister
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 9:06 a.m.
At 9:07 a.m. Senator Eltife assumed the chair.
The chair laid out HB 2298 and recognized the Senate sponsor,
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 Fraser moved that HB 2298 be left pending to
await a quorum; without objection, it was so ordered. Senator
Averitt assumed the chair. Upon arrival of a quorum, Senator
Fraser moved that HB 2298 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 Eltife assumed the chair.
The chair laid out SB 745 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. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Fraser moved that SB 745 be left pending; without
objection, it was so ordered.
At 9:15 a.m. Senator Fraser resumed the chair.
The chair laid out HB 2553 and recognized Senator Averitt, in
the absence of the Senate sponsor, 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 2553 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that HB 2553 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 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 1531 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 1531 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that HB 1531 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
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 1018 and recognized Representative Melissa
Noriega, to explain the bill. The Senate sponsor is Senator
Ellis. 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 1018 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Estes sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. Senator
Estes requested unanimous consent to roll the amendment into a
committee substitute; without objection, it was so ordered.
Senator Estes then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator Estes
moved that HB 1018 do not pass but that CSHB 1018 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 CSHB 1018 be recommended for placement on the Local &
Uncontested Calendar; there was an objection, the motion failed.
The roll was called at 9:29 a.m. and a quorum was present.
The chair laid out HB 1130 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Senator Lucio, Jr. sent up a committee substitute; the chair
recognized Senator Ellis 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 Lucio moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Lucio, Jr. moved that HB 1130 do not pass
but that CSHB 1130 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 chair laid out HB 1982 and recognized Senator Eltife, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses registering on the bill. Senator Fraser moved that
HB 1982 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Eltife moved
that HB 1982 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 Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1580 and recognized Senator Averitt, in
the absence of the author, to explain the bill. Senator Averitt
sent up a committee substitute; the chair recognized Senator
Averitt to explain the difference between the committee
substitute and the bill as filed. Senator Fraser moved to limit
testimony on SB 1580 to two minutes; without objection, it was
so ordered. Witnesses testifying and registering on the bill
are shown on the attached list. At 9:57 a.m. Senator Armbrister
assumed the chair. At 10:21 a.m. Senator Fraser resumed the
chair. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Fraser moved that
SB 1580 be left pending; without objection, it was so ordered.
The chair laid out HB 210 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. There were no witnesses
registering on the bill. Senator Fraser moved that HB 210 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that HB 210 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 2171 and recognized the Senate sponsor,
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 HB 2171 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
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 168 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. There were no
witnesses registering on the bill. Senator Armbrister moved
that HB 168 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.
The chair laid out SB 757 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Armbrister sent up a committee substitute; the chair
recognized Senator Armbrister 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 Armbrister moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Armbrister moved that SB 757 do not pass
but that CSSB 757 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 Armbrister 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 the following:
Senator Averitt on HB 210, CSHB 1018, HB 1982, HB 2171, HB 168,
and CSSB 757; Senator Armbrister on CSHB 1130, HB 1531, HB
2298, and HB 2553; Senator Estes on CSHB 1130, HB 1531, HB 2298,
and HB 2553; Senator Van de Putte on CSHB 1130, HB 1531, HB
2298, HB 2553, HB 210, CSHB 1018, HB 1982, HB 2171, HB 168, and
CSSB 757. Without objection, it was so ordered. These votes
are reflected in the final votes on the aforementioned bills.
There being no further business, at 10:51 a.m. Chairman Fraser
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
_______________________________
Senator Troy Fraser, Chairman
_______________________________
Tatum Baker, Clerk