MINUTES SENATE COMMITTEE ON ECONOMIC DEVELOPMENT Tuesday, February 25, 1997 9:00 am Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Economic Development was held on Tuesday, February 25, 1997 in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator David Sibley, Chairman None Senator David Cain, Vice Chairman Senator Robert Duncan Senator Rodney Ellis Senator Chris Harris Senator Tom Haywood Senator Eddie Lucio, Jr. Senator Frank Madla Senator Jerry Patterson Senator Florence Shapiro Senator Eliot Shapleigh ***** The Chair called the meeting to order at 9:10 am. There being a quorum present, the following business was transacted. The Chair laid out SB 54 and recognized the author, Senator Shapiro. Senator Shapiro sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. The following witnesses testified in favor of the bill: Dr. Ralph Anderson, representing Texas OB/GYN Association; Sandra Farrell, representing Renaissance Women's Center; Hannah Rittering, representing Texas National Organization for Women; Dr. Nancy Dickey, representing TAFP; and Claire Arenson, representing Texas Women's Coalition for Physician Choice. The Chair read the names of those registering but not wishing to testify. All witnesses are shown on the attached witness list. The Chair advised that SB 54 would be left pending until later in the hearing. Chairman Sibley proposed that the Committee consider and vote on the amendments on each bill, beginning with the amendments to proposed CSSB 585, by Senator Nelson. Senator Sibley sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 3; following explanation and discussion of the amendment, Committee Amendment 3 was withdrawn. Senator Sibley sent up Committee Amendment 4 and called Rhonda Myron, Texas Department of Insurance, to respond to members' questions on the amendment. Senator Harris moved that Amendment 4 not be adopted; the motion carried with a vote of 8 ayes, 3 nays, 0 present not voting, and 0 absent. The Chair then advised that the Committee would consider amendments on SB 384, by Senator Nelson. Senator Sibley sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 2. Senator Harris moved to amend Amendment 2; without objection, it was so ordered. Senator Sibley then moved adoption of Committee Amendment 2 as amended; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 5. Connie Barron, Texas Medical Association, and Rhonda Myron, Texas Department of Insurance, responded to members' questions on the amendment. Committee amendment 5 was withdrawn. Senator Sibley sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. Committee Amendments 7 and 8 were withdrawn. At 11:05 a.m. Chairman Sibley recessed the hearing, to be resumed in the Lt. Governor's Committee Room 30 minutes after adjournment of the Senate. At 1:55 p.m. the meeting reconvened and the amendments to SB 382 by Senator Madla were considered. Senator Madla sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Madla sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Madla sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. The Committee then considered amendments to SB 383 by Senator Cain. Senator Cain sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 4 and moved adoption. There was objection and the motion failed by a vote of 2 ayes, 9 nays, 0 present not voting, and 0 absent. Senator Cain sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 7 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 8 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 9 and moved adoption; without objection, the amendment was adopted. At 2:10 p.m. Senator Cain assumed the Chair and advised that the Committee would consider amendments to SB 385 by Senator Sibley. Senator Sibley sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 2. Following discussion, the amendment was withdrawn. Senator Sibley sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Shapleigh sent up Committee Amendment 5. There was objection to a portion of the amendment and Senator Sibley moved that Amendment 5 be amended by separating Amendment 5 into 5A and 5B; without objection, it was so ordered. Senator Shapleigh then sent up Committee Amendment 5A. The motion failed by a vote of 2 ayes, 9 nays, 0 present not voting, and 0 absent. Senator Shapleigh sent up Committee Amendment 5B and moved adoption.; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. Senator Shapleigh sent up Committee Amendment 7 and moved adoption. The motion failed by a vote of 1 aye, 10 nays, 0 present not voting, and 0 absent. Senator Sibley sent up Committee Amendment 8 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 9 and moved adoption. The motion failed by a vote of 1 aye, 9 nays, 0 present not voting, and 1 absent. Senator Sibley sent up Committee Amendment 10 and moved adoption. Senator Ellis moved to amend Amendment 10; without objection, it was so ordered. Senator Sibley then sent up the amended Committee Amendment 10; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 11. Following discussion, the amendment was withdrawn. Senator Sibley sent up Committee Amendment 12 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 13 and moved adoption; without objection, the amendment was adopted. Senator Shapleigh sent up Committee Amendment 14 and moved adoption. The motion failed by a vote of 4 ayes, 7 nays, 0 present not voting, and 0 absent. Senator Sibley sent up Committee Amendment 15 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 16 and moved adoption. The motion failed by a vote of 1 aye, 10 nays, 0 present not voting, and 0 absent. Senator Patterson sent up Committee Amendment 17. Following discussion, the amendment was withdrawn. Senator Sibley sent up Committee Amendment 18 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 19 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 20 and moved adoption; without objection, the amendment was adopted. Senator Sibley sent up Committee Amendment 21 and moved adoption; without objection, the amendment was adopted. Senator Patterson sent up Committee Amendment 22. Following discussion, the amendment was withdrawn. Senator Patterson sent up Committee Amendment 23 and moved adoption. The motion failed by a vote of 2 ayes, 9 nays, 0 present not voting, and 0 absent. The Chair advised that the Committee would consider SB 386 and recognized the author, Senator Sibley. Senator Sibley sent up a committee substitute and explained the difference between the substitute and the bill as filed. Senator Harris sent up Committee Amendment 1. Following discussion, the amendment was withdrawn. Senator Harris then sent up a committee substitute for SB 386 and moved adoption. The motion failed by a vote of 1 aye, 7 nays, 0 present not voting, and 3 absent. Senator Duncan sent up a committee substitute for SB 386. Senator Harris raised a point of order that the substitute was not germane to the bill as filed. The Chair sustained the point of order. At 3:35 p.m. Senator Sibley resumed the Chair and advised that the Committee would consider amendments to the proposed CSSB 387. Senator Harris sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Harris sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Harris sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. The Chair then proposed that members vote on the bills, and recognized Senator Madla, for a motion on SB 382. Senator Madla requested unanimous consent to incorporate the amendments into a committee substitute; without objection, it was so ordered. Senator Madla then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Madla moved that SB 382 do not pass but that CSSB 382 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair recognized Senator Cain on SB 383. Senator Cain requested unanimous consent to incorporate the amendments into a committee substitute; without objection, it was so ordered. Senator Cain then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Cain moved that SB 383 do not pass but that CSSB 383 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair recognized Senator Shapiro on SB 384. Senator Shapiro requested unanimous consent to incorporate the amendments into a committee substitute; without objection, it was so ordered. Senator Cain then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Cain moved that SB 384 do not pass but that CSSB 384 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Cain assumed the Chair and recognized Senator Sibley on SB 385. Senator Sibley requested unanimous consent to incorporate the amendments into a committee substitute; without objection, it was so ordered. Senator Sibley then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Sibley moved that SB 385 do not pass but that CSSB 385 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair recognized Senator Sibley on SB 386. Senator Sibley moved that the committee substitute by Senator Sibley for SB 386 be adopted; without objection, it was so ordered. Senator Sibley then moved that SB 386 do not pass but that CSSB 386 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 2 nays, 0 present not voting, and 0 absent. Senator Sibley resumed the Chair and recognized Senator Harris on SB 387. Senator Harris requested unanimous consent to incorporate the amendments into the proposed committee substitute; without objection, it was so ordered. Senator Harris then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Harris moved that SB 387 do not pass but that CSSB 387 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair recognized Senator Shapiro on SB 54. Senator Shapiro sent up Committee Amendment 1 to the proposed committee substitute and moved adoption; without objection, the amendment was adopted. Senator Shapiro requested unanimous consent to incorporate the amendment into the proposed committee substitute; without objection, it was so ordered. Senator Shapiro then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Shapiro moved that SB 54 do not pass but that CSSB 54 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 4 absent. Senator Sibley then moved that the proposed committee substitute for SB 585 be amended by replacing Article 21.53D, SECTION 7, Access to Certain Obstetrical or Gynecological Care, with CSSB 54. The motion carried with a vote of 7 ayes, 0 nays, 1 present not voting, and 3 absent. Senator Haywood requested unanimous consent to incorporate the amendments into the proposed committee substitute; without objection, it was so ordered. Senator Haywood then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Haywood moved that SB 585 do not pass but that CSSB 585 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent. There being no further business, at 4:55 pm Senator Sibley moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. __________________________ Senator David Sibley, Chairman __________________________ Barbara Henderson, Clerk