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