MINUTES
SENATE INTERIM COMMITTEE ON CIVIL JUSTICE
Thursday, April 23, 1998
9:30 am
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Interim Committee on
Civil Justice was held on Thursday, April 23, 1998 in the
Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBER ABSENT:
Senator David Sibley, Chairman Senator J.E. (Buster)
Brown
Senator Gonzalo Barrientos
Senator Teel Bivins
Senator David Cain
Senator Robert Duncan
Senator Eliot Shapleigh
*****
The Chairman called the meeting to order at 9:40 am. There
being a quorum present, the following business was transacted.
Chairman Sibley recognized Senator Bivins, who thanked the
members for their attendance and advised that the Committee
would focus on uninsured/underinsured motorists in Texas at
the hearing.
The Chairman called Elton Bomer, Commissioner, Texas
Department of Insurance, for an overview of the uninsured
motorists problem in Texas. Upon completion of Commissioner
Bomer's testimony and response to members' questions, Chairman
Sibley called the first panel to testify on enforcement
issues. The panelists were:
Major E. C. Sherman, Texas Department of Public Safety
Frank Elder, Texas Department of Public Safety
Eric Loewe, National Association of Independent Insurers
Jerry Dike, Vehicles Titling & Registration, Texas
Department of Transportation
Professor Jeffrey O'Connell, University of Virginia
School of Law
Following the panelists' presentations and response to
members' questions, the Chairman called Carolyn Purcell,
Executive Director of the Department of Information Resources,
to advise the Committee regarding the cost of a database to
identify uninsured motorists, based on legislation proposed
during the 75th legislative session.
Chairman Sibley then called the second panel to testify on
possible changes in the tort system. These panelists were:
Professor Jeffrey O'Connell, University of Virginia
School of Law
Mike Slack, Texas Trial Lawyers Association
Andrew Tobias, writer and advocate for no-fault and no
pay/no play options
Tim Ryles, former Georgia Insurance Commissioner
Robert Watkins, State Farm Insurance Companies
Jeffrey P. Campbell, Texas Association of Defense
Counsels
Following the second panelists' testimony and response to
members' questions, the Chairman called Lyndon Anderson,
Associate Commissioner, Property and Casualty, David Durden,
Deputy Commissioner, Auto-Homeowners, and Philip Presley,
Chief Actuary, of the Texas Department of Insurance, to
respond to members' questions.
Chairman Sibley then advised that public testimony would
commence. All witnesses, including panelists, are listed in
the order of appearance.
W. H. "Sputnik" Strain, representing Texas Motorcycle
Rights Assoc., Algoa, Texas
Dan Lambe, representing Texas Citizen Action, Austin,
Texas
Guillermo Gaslin, representing himself, Cedar Park, Texas
Jack Lee Riley, representing himself, Amarillo, Texas
Birny Birnbaum, representing Center for Economic Justice,
Austin, Texas
There being no further business, at 2:35 pm Chairman Sibley
moved that the Committee stand recessed subject to the call of
the Chairman. Without objection, it was so ordered.
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Senator David Sibley, Chairman
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Barbara Henderson, Clerk