MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Tuesday, March 13, 2001 
                                     9:00 a.m. 
                           Lt. Governor's Committee Room 
                                           
                                       ***** 
                                           
         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, March 13, 2001, in the Lt.  
         Governor's Committee Room 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                         
         Senator David Sibley, Chairman           
         Senator Troy Fraser, Vice Chairman 
         Senator John Carona 
         Senator Mike Jackson 
         Senator Eddie Lucio 
         Senator Eliot Shapleigh 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chairman called the meeting to order at 9:07 a.m.  There  
         being a quorum present, the following business was transacted:   
          
         The chairman laid out the subcommittee reports on CSSB241 and  
         CSJR 10 and recognized the author, Senator Lucio, to explain the  
         the substitutes as adopted in the Subcommittee on Border  
         Affairs.  Senator Lucio then moved adoption of the subcommittee  
         reports; there being no objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Lucio moved that  
         SB241 do not pass but that CSSB241 be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 5 ayes, 0 nay, 0  
         present not voting, and 2 absent.  Senator Lucio then moved that  
         SJR10 do not pass but that CSJR10 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 5 ayes, 0 nay, 0 present  
         not voting, and 2 absent.   
          
         The chairman laid out SB141 and recognized the author, Senator  
         Moncrief to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Carona moved that SB141  
         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 1 absent.   
          
         The chairman advised that no action would be taken at this  
         hearing on SB 12 and SB 13 by Senator Nelson. 
          
         The chairman laid out SB11, pending in Committee, and recognized  
         the author, Senator Nelson.  Senator Van de Putte sent up a new  
         committee substitute and Senator Nelson explained the difference  
         between the committee substitute and the bill as filed.  Senator  
         Van de Putte moved adoption of the committee substitute; without  
         objection, it was so ordered.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lucio moved that SB11 do  
         not pass but that CSSB11 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 0 nay, 0 present not  
         voting, and 2 absent.   
          
         The chairman laid out SB496 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Shapleigh moved that  
         SB496 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 0 absent.  Senator Shapleigh moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chairman laid out the subcommittee reports on SCR5, SCR 9,  
         CSSB 224, SB 225 and SB 508 by Senator Shapleigh.  Senator  
         Shapleigh then moved adoption of the subcommittee reports; there  
         being no objection, it was so ordered.   
          
         Senator Lucio moved that SCR5 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 0 absent.  Senator Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Lucio moved that SCR9 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 0 absent.  Senator Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Lucio moved that SB 224 do not pass but that CSSB 224,  
         as adopted in subcommittee, 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 0 absent.  Senator Carona moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Lucio moved that SB 225 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 0 absent. Senator Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Lucio moved that SB 508 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 0 absent.  Senator Carona moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
           
         The chairman laid out the subcommittee report on SB 465 by  
         Senator Shapleigh.  Senator Shapleigh sent up a committee  
         substitute and explained the difference between the substitute  
         and the bill as filed.  Al Luedecke, representing the Texas  
         Department of Transportation, testified on the bill.  Senator  
         Sibley moved that SB 465 be left pending; without objection, it  
         was so ordered. 
          
         The chairman laid out SB429 and recognized the author, Senator  
         Lucio, to explain the bill.  Senator Lucio sent up Committee  
         Amendment 1 and explained the amendment.  Witnesses testifying  
         and registering on the bill are shown on the attached list.   
         Senator Sibley moved that SB429 be left pending; without  
         objection, it was so ordered.   
          
         At 10:35 a.m Senator Shapleigh assumed the chair, laid out SB992  
         and recognized the author, Senator Sibley, to explain the bill.   
         Senator Sibley sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Sibley requested  
         unanimous consent to roll the amendment into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Sibley then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Sibley moved that  
         SB992 do not pass but that CSSB992 be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 5 ayes, 0 nay, 0  
         present not voting, and 2 absent.  Senator Sibley moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chairman laid out SB994 and recognized the author, Senator  
         Sibley, to explain the bill.  Kevin Brady, representing the  
         Texas Department of Insurance, registered on the bill but did  
         not testify.  The chairman moved that the public testimony be  
  
         closed; without objection, it was so ordered.  Senator Sibley  
         moved that SB994 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 0 nay, 0 present not  
         voting, and 2 absent.  Senator Sibley moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 10:45 Senator Sibley resumed the chair, laid out SB697 and  
         recognized the author, Senator Wentworth, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chairman moved that the public testimony  
         be closed; without objection, it was so ordered.  Senator Lucio  
         moved that SB697 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 0 nay, 0 present not  
         voting, and 2 absent.  Senator Lucio moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 10:50 a.m. Chairman Sibley moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 1:10 p.m. the committee reconvened. 
          
         The chairman laid out SB554 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up a committee  
         substitute and explained the difference between the committee  
         substitute and the bill as filed.  Senator Carona moved adoption  
         of the committee substitute; without objection, it was so  
         ordered.    Witnesses testifying and registering on the bill are  
         shown on the attached list.  The chairman moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Carona moved that SB554 do not pass but that CSSB554 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 1 absent.   
          
         The chairman laid out SB711 and recognized the author, Senator  
         Carona, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Carona moved that SB711  
         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 0 absent.   
         Senator Carona moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chairman laid out SB707 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Carona sent up a committee  
         substitute and explained the difference between the committee  
         substitute and the bill as filed.  Senator Carona moved adoption  
  
         of the committee substitute; without objection, it was so  
         ordered.  Witnesses testifying and registering on the bill are  
         shown on the attached list.  The chairman moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Carona moved that SB707 do not pass but that CSSB707 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 0 absent.   
          
         At 1:25 p.m. Senator Jackson assumed the chair, laid out SB1323  
         and recognized the author, 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.  Senator Sibley moved adoption of the committee  
         substitute; without objection, it was so ordered.  There were no  
         witnesses testifying or registering on the bill.  Senator Sibley  
         moved that SB1323 do not pass but that CSSB1323 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 0 absent.  Senator Sibley moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
         At 1:40 p.m. Senator Sibley resumed the chair, laid out SB272,  
         which had been recommitted to the Committee, and recognized the  
         author, Senator Carona, to explain the bill.  Senator Carona  
         sent up a committee substitute and explained the difference  
         between the committee substitute and the bill as filed.  Senator  
         Carona moved adoption of the committee substitute; without  
         objection, it was so ordered.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chairman moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Carona moved that SB272  
         do not pass but that CSSB272 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 5 ayes, 1 nay, 0 present not  
         voting, and 1 absent.   
          
         The chairman laid out SB578 and recognized the author, Senator  
         Madla, to explain the bill.  Senator Madla explained a proposed  
         committee substitute.  Senator Sibley sent up Committee  
         Amendment 1; Senator Madla explained the amendment.  Senator  
         Sibley sent up Committee Amendment 2; Senator Madla explained  
         the amendment.  Senator Sibley sent up Committee Amendment 3;  
         Senator Madla explained the amendment.  Senator Sibley sent up  
         Committee Amendment 4; Senator Madla explained the amendment.   
         Senator Sibley sent up Committee Amendment 5; Senator Madla  
         explained the amendment.  Senator Sibley sent up Committee  
         Amendment 6; Senator Madla explained the amendment.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Sibley moved that  
         SB578 be left pending; without objection, it was so ordered.   
          
         Chairman Sibley referred the following bills to the Subcommittee  
         on Border Affairs: 
  
              SB 1296 
              SJR 37 
          
         There being no further business, at 4:25 p.m. Senator Sibley  
         moved that the Committee stand recessed subject to the call of  
         the chairman.  Without objection, it was so ordered.   
          
         __________________________ 
         Senator David Sibley, Chairman 
          
         __________________________ 
         Barbara Henderson, Clerk