MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, March 27, 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 27, 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 9:08 a.m. There being a quorum present, the following business was transacted: The chairman laid out SB770 and recognized the author, Senator Harris, to explain the bill. Lisa McGiffert, representing Consumers Union, registered in favor of the bill but did not testify. The chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio moved that SB770 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. 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 SB1306 and recognized the author, Senator Harris, 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. The chairman moved that SB1306 be left pending; without objection, it was so ordered. The chairman laid out SB1127 and recognized the author, Senator Brown, to explain the bill. Senator Carona sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 Carona requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Carona then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Carona moved that SB1127 do not pass but that CSSB1127 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. The chairman laid out SB1391 and recognized the author, Senator Brown, to explain the bill. Senator Lucio sent up a committee substitute; Senator Brown explained 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. Linda Nesenholtz, representing the Texas Department of Insurance, testified on the bill. The chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio moved that SB1391 do not pass but that CSSB1391 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 Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB544 and recognized the author, Senator Brown, to explain the bill. Blake Brudersen, 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 Van de Putte moved that SB544 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 SB1637 by Senator Bernsen and recognized 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 Van de Putte moved that SB1637 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 SCR12 and recognized the author, Senator Shapleigh. Senator Shapleigh sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Shapleigh moved adoption of the committee substitute; without objection, it was so ordered. There were no witnesses testifying or registering on the bill. The chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Shapleigh moved that SCR12 do not pass but that CSSCR12 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. The chairman laid out SB1143 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 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 SB1143 do not pass but that CSSB1143 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. At 10:52 a.m. Senator Sibley moved that the committee stand recessed until one hour after adjournment of the Senate; without objection, it was so ordered. At 1:25 p.m. the committee reconvened. The chairman laid out SB1318 and recognized the author, Senator Staples, to explain the bill. Guy Joyner, representing the Secretary of State's office, registered on the bill but did not testify. The chairman moved that the public testimony be closed; without objection, it was so ordered. The chairman moved that SB1318 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Sibley moved that SB1318 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:27 p.m. Senator Fraser assumed the chair. The chairman laid out SB1659 and recognized the author, Senator Sibley. Senator Sibley sent up a committee substitute and 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 Sibley moved adoption of the committee substitute; without objection, it was so ordered. Senator Fraser moved that SB1659 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Sibley moved that SB1659 do not pass but that CSSB1659 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 SB1661 and recognized the author, Senator Sibley, 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 SB1661 be left pending; without objection, it was so ordered. At 1:53 p.m. Senator Sibley resumed the chair. The chairman laid out SB842 and recognized the author, Senator Bivins, to explain the bill. Senator Lucio 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. The chairman moved that SB842 be left pending; without objection, it was so ordered. At 3:10 p.m. Senator Van de Putte assumed the chair, laid out SB317 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. Senator Sibley sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Shapleigh objected to the adoption of Committee Amendment 2 and moved that the vote be reconsidered. Committee Amendment 2 was adopted with a vote of 4 ayes, 2 nays, 0 present not voting, and 1 absent. Senator Sibley requested unanimous consent to incorporate amendments into a committee substitute; without objection, it was so ordered. Senator Sibley then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Sibley moved that SB317 do not pass but that CSSB317 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, 1 present not voting, and 1 absent. At 3:27 p.m. Senator Sibley resumed the chair, laid out SB1284 and recognized the author, Senator Van de Putte. Senator Van de Putte sent up a committee substitute and 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. The chairman moved that SB1284 be left pending; without objection, it was so ordered. The chairman laid out SB601, pending in Committee, and recognized the author, Senator Carona. Senator Carona sent up Committee Amendment 1, amending the proposed substitute sent up in a previous hearing. Senator Carona moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Carona requested unanimous consent to roll the proposed substitute and amendment into a new committee substitute; without objection, it was so ordered. Senator Carona then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Carona moved that SB601 do not pass but that CSSB601 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 SB393, pending in Committee, and recognized the author, Senator Carona. Senator Carona withdrew Committee Amendment 1 adopted at a previous hearing. 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. Senator Carona moved that SB393 do not pass but that CSSB393 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 SB465, pending in Committee, and recognized the author, Senator Shapleigh. Senator Shapleigh sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Shapleigh moved adoption of the committee substitute; without objection, it was so ordered. Alvin Luedecke representing the Texas Department of Transportation registered as a resource on the bill. Senator Shapleigh moved that SB465 do not pass but that CSSB465 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 SB623 and recognized the author, Senator Duncan, 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. The chairman moved that SB623 be left pending; without objection, it was so ordered. The subcommittee reports on CSSB192, CSSB 195, SCR 7 and SCR 8 were laid out by Senator Lucio. Senator Lucio moved adoption of the subcommittee reports; without objection, it was so ordered. Senator Lucio moved that SB192 do not pass but that CSSB192, 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 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. Senator Lucio moved that SB195 do not pass but that CSSB195, 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 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. Senator Lucio moved that SCR7 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. Senator Lucio moved that SCR8 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. There being no further business, at 7:23 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