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.
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Senator David Sibley, Chairman
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Barbara Henderson, Clerk