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