MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, March 20, 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 20, 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 9:05 a.m. There being a quorum present, the following business was transacted: The chairman laid out SB63 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 Lucio moved that SB63 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 laid out SB550 and recognized the author, Senator Bernsen, to explain the bill. Senator Jackson sent up a committee substitute; Senator Bernsen 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 chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio moved that SB550 do not pass but that CSSB550 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. 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 SB564 and recognized the author, Senator Armbrister, 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 SB564 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB1618 and recognized the author, Senator Armbrister, 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 Sibley moved that SB1618 be left pending; without objection, it was so ordered. The chairman laid out SB365, pending in Committee, and recognized the author, Senator Armbrister, to explain the proposed committee substitute laid out in the previous committee hearing. 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 Fraser requested unanimous consent to roll the proposed committee substitute and amendments into a new committee substitute; without objection, it was so ordered. Senator Fraser then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Fraser moved that SB365 do not pass but that CSSB365 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 SB424 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 SB424 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 posting rule, Senate Rule 11.18, was suspended to hear the following bill: The chairman laid out SB326 and recognized the author, Senator Lucio. Senator Lucio sent up a proposed committee substitute and explained the difference between the committee substitute and the bill as filed. Witnesses 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lucio requested unanimous consent to roll the proposed substitute and amendment into a new committee substitute; without objection, it was so ordered. Senator Lucio then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Lucio moved that SB326 do not pass but that CSSB326 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. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB429, pending in Committee, and recognized the author, Senator Lucio. Senator Lucio sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lucio requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Van de Putte then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Lucio moved that SB429 do not pass but that CSSB429 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 10:48 a.m. Chairman Sibley moved that the committee stand recessed until one hour after adjournment of the Senate; without objection, it was so ordered. At 2:05 p.m. the committee reconvened. The chairman laid out SB471 and recognized the author, Senator Carona. 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 SB471 do not pass but that CSSB471 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 SB601 and recognized the author, Senator Carona. Senator Carona sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Carona sent up Committee Amendment 1; however, Senator Carona withdrew 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. Chairman Sibley moved that SB601 be left pending; without objection, it was so ordered. The chairman laid out SB624 and recognized the author, Senator Duncan. Senator Shapleigh sent up a committee substitute; the chairman recognized Senator Duncan to explain 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 chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio then moved that SB624 do not pass but that CSSB624 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 SB804 and recognized the author, Senator Madla, to explain the bill. Senator Shapleigh sent up a committee substitute; the chairman recognized Senator Madla to explain the difference between the committee substitute and the bill as filed. Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered. Witnesses 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 Fraser moved that SB804 do not pass but that CSSB804 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. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB970 and recognized the author, Senator Madla, to explain the bill. Senator Lucio sent up a committee substitute; the chairman recognized Senator Madla to explain the difference between the committee substitute and the bill as filed. Senator Lucio moved adoption of the committee substitute; without objection, it was so ordered. David Duncan, representing the Texas Workforce Commission, testified on the bill. The chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio moved that SB970 do not pass but that CSSB970 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 SB578, pending in Committee, and recognized the author, Senator Madla. Senator Madla explained the previously proposed committee substitute, and Committee Amendments 1 through 6 sent up at the previous meeting. Senator Lucio moved adoption of Committee Amendment 1, previously sent up; without objection, the amendment was adopted. Senator Lucio then moved that Committee Amendment 2, previously sent up, be withdrawn; without objection, it was so ordered. Senator Lucio then sent up Committee Amendment 2A and moved adoption; without objection the amendment was adopted. Senator Lucio then moved that Committee Amendment 3, previously sent up, be withdrawn; without objection, it was so ordered. Senator Lucio then sent up Committee Amendment 3A and moved adoption; without objection the amendment was adopted. Senator Lucio moved that Committee Amendment 4, previously sent up, be withdrawn; without objection, it was so ordered. Senator Lucio sent up Committee Amendment 4A and moved adoption; without objection, the amendment was adopted. Senator Lucio moved adoption of Committee Amendment 5, previously sent up; without objection, the amendment was adopted. Senator Lucio moved that Committee Amendment 6, previously sent up, be withdrawn; without objection, it was so ordered. Senator Lucio sent up Committee Amendment 6A and moved adoption; without objection, the amendment was adopted. Senator Lucio requested unanimous consent to roll the proposed substitute and amendments into a committee substitute; without objection, it was so ordered. Senator Lucio then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Lucio moved that SB578 do not pass but that CSSB578 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 2 nays, 0 present not voting, and 1 absent. The chairman laid out SB12 and recognized the author, Senator Nelson. Senator Fraser sent up a committee substitute; the chairman recognized Senator Nelson to explain 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 chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Sibley moved that SB12 be left pending; without objection, it was so ordered. The chairman referred the following bills to the Subcommittee on Border Affairs: SB 245 SCR 7 SCR 8 At 7:15 p.m. Senator Carona assumed the chair, laid out SB314 and recognized the author, Senator Sibley, to explain the bill. Senator Carona sent up Committee Amendment 1; Senator Sibley explained the amendment. Senator Carona sent up Committee Amendment 2, Senator Sibley explained the amendment. Senator Carona sent up Committee Amendment 3; Senator Sibley explained the amendment. Senator Carona sent up Committee Amendment 4; Senator Sibley explained the amendment. Senator Carona sent up Committee amendment 5; Senator Sibley 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. The chairman moved that SB314 be left pending; without objection, it was so ordered. The chairman laid out SB604 and recognized the author, Senator Sibley, to explain the bill. Witnesses 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. The chairman moved that SB604 be left pending; without objection, it was so ordered. Senator Sibley resumed the chair; there being no further business, at 8:05 p.m. the chairman 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