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