MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 10, 2005
11:00 a.m. or upon adjournment
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 10, 2005, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Leticia Van de
Putte
Senator Kip Averitt, Vice Chairman
Senator Kenneth Armbrister
Senator Kim Brimer
Senator John Carona
Senator Kevin Eltife
Senator Craig Estes
Senator Eddie Lucio, Jr.
*****
The chair called the meeting to order at 12:47 p.m.
The chair laid out HB 1045 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Armbrister sent
up a committee substitute; the chair recognized Senator
Wentworth 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 HB 1045 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 then moved that HB 1045 do not pass but that
CSHB 1045 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 Averitt moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 2179 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. There were no witnesses
registered on the bill. Senator Fraser moved that HB 2179 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved that
HB 2179 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 Averitt 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 1730. Senator
Janek was recognized to explain the subcommittee report on CSSB
1730, adopted in subcommittee. Senator Fraser moved that CSSB
1730 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Averitt moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Averitt then moved that SB 1730 do
not pass but that CSSB 1730 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 Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The roll was called at 1:05 p.m. and a quorum was present.
The chair laid out HB 2266 and recognized the Senate sponsor,
Senator Deuell, to explain the bill. Senator Estes sent up a
committee substitute; the chair recognized Senator Deuell 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 Estes moved adoption of the committee substitute;
without objection, it was so ordered. Senator Estes moved that
HB 2266 do not pass but that CSHB 2266 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, 1 nay, 0
present not voting, and 2 absent.
The chair laid out HB 481 and recognized the Senate sponsor,
Senator Zaffirini, 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 481
be left pending; without objection, it was so ordered.
The chair laid out HB 808 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 808 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 Brimer 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 559. Senator
Brimer was recognized to explain the subcommittee report on SB
559. Senator Carona moved that the subcommittee report not be
adopted; without objection, it was so ordered. Senator Brimer
sent up a new substitute in lieu of the subcommittee report and
explained the new substitute. Senator Fraser opened public
testimony since there was a new substitute was laid out in the
full committee. There were no witnesses registered on the bill.
Senator Brimer moved adoption of the new substitute in lieu of
the subcommittee report; without objection, it was so ordered.
Senator Brimer moved that SB 559 do not pass but that CSSB 559
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
Brimer 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 HB 1938. Senator
Carona was recognized to explain the subcommittee report on CSHB
1938, adopted in subcommittee. Senator Carona then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Fraser did not reopen public
testimony since it had already been heard in the subcommittee;
however, witnesses registering on the bill are on the attached
list. Senator Brimer moved that HB 1938 do not pass but that
CSHB 1938 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 Brimer 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 HB 1734. Senator
Carona was recognized to explain the subcommittee report on CSHB
1734, adopted in subcommittee. Senator Carona then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Carona moved that HB 1734 do not
pass but that CSHB 1734 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 Carona moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1893 and recognized the Senate sponsor,
Senator Averitt, 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 Averitt moved that HB
1893 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 Averitt moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 698 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. Senator Averitt sent up
Committee Amendment 1 and explained the amendment. 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 698
be left pending; without objection, it was so ordered.
The chair laid out HB 1745 and recognized the Senate sponsor,
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 Fraser moved that HB 1745
be left pending to await a quorum; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Carona moved that HB 1745 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
Carona moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 941 and recognized the Senate sponsor,
Senator Eltife, 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 941 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum,
Senator Eltife moved that HB 941 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 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 2930 and recognized Senator Carona, 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 Carona moved that
HB 2930 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 Carona moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2438 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. Senator
Carona 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 Carona moved adoption of the amendment; without
objection, it was so ordered. Senator Carona requested
unanimous consent to roll the amendment into a committee
substitute; without objection, it was so ordered. Senator
Carona then moved that the committee substitute be adopted;
without objection, it was so ordered. Senator Carona moved that
HB 2438 do not pass but that CSHB 2438 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.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye on the following: Senator Estes
on CSSB 559, CSHB 1938, CSHB 1734, HB 1893, HB 2930, HB 1745,
and HB 941; Senator Lucio on CSHB 1045, HB 2179, CSSB 1730, HB
1893, HB 2930, HB 1745, HB 941, and CSHB 2438; Senator
Armbrister on HB 808, CSSB 559, CSHB 1938, CSHB 1734, HB 1893,
HB 1745, HB 941, HB 2930, and CSHB 2438; Senator Carona on CSHB
1045, HB 2179, CSSB 1730, and CSHB 2266; Senator Lucio
requesting to be shown voting nay on CSHB 2266. Without
objection, it was so ordered. These votes are reflected in the
final votes on the aforementioned bills.
There being no further business, at 2:24 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