MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 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 Thursday, May 5, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman 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
*****
The chair called the meeting to order at 9:04 a.m.
The chair laid out HB 1573 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Armbrister sent up
Committee Amendment 1 and Senator Harris was recognized to
explain the amendment. 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 9:14 a.m. and a quorum was
present. Senator Armbrister moved that Committee Amendment 1 be
adopted; without objection, it was so ordered. 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 HB 1573 do not pass but that CSHB
1573 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.
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 1088 and recognized the Senate sponsor,
Senator Harris, 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 HB 1088
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 Estes moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB 1304 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. Senator Van de Putte
sent up a committee substitute; the chair recognized Senator Van
de Putte 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
Fraser moved that HB 1304 be left pending; without objection, it
was so ordered.
At 9:35 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 1:24 p.m. the committee reconvened.
Senator Fraser brought back up from HB 1304, pending business,
and continued with public testimony. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 1304 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Van de Putte moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Van de Putte then moved that HB 1304 do not pass but
that CSHB 1304 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 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 HB 1747 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. Senator
Estes sent up Committee Amendment 1 and explained the amendment.
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 Committee Amendment 1 be adopted; without objection,
it was so ordered.
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 1747 do not pass but that CSHB 1747 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 Estes moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 720 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. There were no
witnesses registered on the bill. Senator Van de Putte moved
that HB 720 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 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 HB 982 and recognized the Senate sponsor,
Senator Van de Putte, 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 Van de Putte moved that
HB 982 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 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 HB 2961 and recognized Senator Eltife, 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 Eltife moved that HB 2961
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 Eltife moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB 2962 and recognized Senator Eltife, in the
absence of the Senate sponsor, to explain the bill. At 1:55
p.m. Senator Carona 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 Carona moved that HB 2962 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Van de Putte moved that HB 2962 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
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 HB 2236 and recognized Senator Van de Putte,
in the absence of the Senate sponsor, to explain the bill.
Senator Carona moved to limit public testimony to two minutes;
without objection, it was so ordered. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Carona sent up Committee Amendment 1 by Janek. The chair moved
that the public testimony be closed; without objection, it was
so ordered. At 2:38 p.m. Senator Fraser resumed the chair.
Senator Fraser moved that HB 2236 be left pending; without
objection, it was so ordered.
Senator Carona resumed the chair.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2962. Without objection, it was so ordered. This
vote is reflected in the final votes on the aforementioned bill.
Senator Fraser resumed the chair.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Lucio on HB 720, HB 982, HB 1088, CSHB 1304, CSHB 1573,
and CSHB 1747; Senator Carona on HB 1088 and CSHB 1573. Without
objection it was so ordered. Without objection, it was so
ordered. These votes are reflected in the final votes on the
aforementioned bills.
There being no further business, at 2:40 p.m. Chairman Fraser
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
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Senator Troy Fraser, Chairman
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Tatum Baker, Clerk