MINUTES SENATE COMMITTEE ON ECONOMIC DEVELOPMENT Sunday, May 18, 1997 6:00 pm or On Adjournment of the Senate Capitol Extension, Room E1.016 ***** 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 Sunday, May 18, 1997 in the Capitol Extension, Room E1.016, 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 4:30 pm. There being a quorum present, the following business was transacted. The Chair laid out HB 1477 and recognized the Senate sponsor, Senator Brown, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1477 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Patterson moved that HB 1477 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair advised that HB 671, HB 1377, and HB 3196 had been tagged pursuant to Senate Rule 11.20 and would not be heard. HB 1465 and HB 2503 had also been tagged; however, the tags had been withdrawn so the bills could be heard. The Chair laid out HB 1789 and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1789 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 1789 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 1498 and recognized the Senate sponsor, Senator Lucio to explain the bill. The Chair moved that HB 1498 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 1498 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 189 and recognized the author, Senator Haywood, to explain the bill. Senator Haywood sent up a committee substitute and explained 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 Haywood moved adoption of the committee substitute; without objection, it was so ordered. Senator Haywood then moved that SB 189 do not pass but that CSSB 189 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 2503 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. The Chair moved that HB 2503 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 2503 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 Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:00 pm Senator Madla assumed the chair. The Chair laid out HB 3076 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 3076 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Sibley moved that HB 3076 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 Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 3077 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 3077 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Sibley moved that HB 3077 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 Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 3078 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 3078 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Sibley moved that HB 3078 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 Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Sibley resumed the chair, laid out HB 2128 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. The Chair moved that HB 2128 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 2128 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1356 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Senator Haywood sent up a committee substitute and explained the difference between the substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1356 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Haywood moved adoption of the committee substitute; without objection, it was so ordered. Senator Haywood moved that HB 1356 do not pass but that CSHB 1356 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 laid out HB 3563 and explained the bill in the absence of the Senate sponsor, Senator Cain. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3563 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that HB 3563 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 3575 and explained the bill in the absence of the Senate sponsor, Senator Armbrister. Bernie Burner, representing Swiss Re, testified for the bill. The Chair moved that HB 3563 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that HB 3575 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 3139 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3139 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 3139 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 laid out HB 3522 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3522 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 3522 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 laid out HB 2133 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2133 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 2133 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 laid out HB 102 and recognized the Senate sponsor, Senator Shapiro, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 102 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that HB 102 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 Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1708, pending in Committee, and recognized the Senate sponsor, Senator Lucio. Senator Lucio moved that HB 1708 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 1173, pending in Committee, and recognized Senator Lucio, in the absence of the Senate sponsor. The Chair advised that Committee Amendments 1 and 2 had been adopted at a previous hearing and had been incorporated into a committee substitute. Senator Lucio moved adoption of the committee substitute; without objection, it was so ordered. The Chair then moved that the bill be left pending until later in the hearing to respond to a member's question; without objection, it was so ordered. Upon resolution of the question, Senator Lucio moved that HB 1173 do not pass but that CSHB 1173 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 laid out HB 768 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 768 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan moved that HB 768 be reported back to the Senate with the recommendation that it do pass and be printed. The motion failed by a vote of 4 ayes, 5 nays, 0 present not voting, and 2 absent. Senator Lucio later moved to reconsider the vote on HB 768. The motion carried with a vote of 7 ayes, 2 nays, 1 present not voting, and 1 absent. Senator Duncan again moved that HB 768 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 3 nays, 0 present not voting, and 1 absent. The Chair laid out HB 853 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The Chair moved that HB 853 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan moved that HB 853 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. At 5:45 pm Senator Duncan assumed the chair. The Chair laid out HB 1662 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1662 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Sibley moved that HB 1662 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, 3 nays, 0 present not voting, and 0 absent. At 6:55 pm Senator Madla assumed the chair. The Chair laid out HB 1202 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 7:15 pm Senator Sibley resumed the chair and moved that HB 1202 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ellis moved that HB 1202 do not pass. The motion failed with a vote of 3 ayes, 5 nays, 0 present not voting, and 3 absent. Senator Duncan then moved that HB 1202 be reported favorably 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. At 7:25 pm Senator Cain assumed the chair. The Chair laid out HB 2001 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Senator Sibley sent up a committee substitute and explained 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 HB 2001 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Sibley moved adoption of the committee substitute, without objection, it was so ordered. Senator Sibley moved that HB 2001 do not pass but that CSHB 2001 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 1 present not voting, and 0 absent. At 7:30 pm Senator Sibley resumed the chair. The Chair laid out HCR 204 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Ellis moved that HCR 204 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 3202 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Jay Thompson, representing AFACT, registered in support of the bill. The Chair moved that HB 3202 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan moved that HB 3202 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 laid out HB 3279 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Todd Brown, representing himself, registered on the bill. The Chair moved that HB 3279 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan moved that HB 3279 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 1465 and recognized Senator Cain, 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 HB 1465 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Patterson moved that HB 1465 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. There being no further business, at 8:35 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