MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, April 10, 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, April 10, 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 acting chairman, Senator Lucio, called the meeting to order at 9:08 a.m. There being a quorum present, the following business was transacted: The chairman laid out SB1493, pending in Committee, and recognized the author, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 9:30 a.m. Senator Sibley assumed the chair and testimony continued. Upon completion of the testimony, the chairman then moved that the public testimony be closed; without objection, it was so ordered. The chairman moved that SB1493 be left pending; without objection, it was so ordered. The chairman laid out SB1045 and recognized the author, Senator Moncrief, 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. Senator Shapleigh moved that SB1045 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. The chairman laid out SB1235 and recognized the author, Senator Cain, 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. Senator Lucio moved that SB1235 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 SB1236 and recognized the author, Senator Cain, 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. Senator Lucio moved that SB1236 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 SB1667 and recognized the author, Senator Cain, 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. Senator Lucio moved that SB1667 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. At 9:57 a.m. Senator Sibley moved that the committee stand recessed until thirty minutes after adjournment of the Senate; without objection, it was so ordered. At 1:37 p.m. the committee reconvened. The chairman laid out SB1395 and recognized the author, Senator Fraser, 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 Fraser moved that SB1395 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 1 nay, 0 present not voting, and 2 absent. The chairman laid out SB1294 and recognized the author, Senator Van de Putte, to explain the bill. Senator Van de Putte sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Van de Putte 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 Van de Putte moved that SB1294 do not pass but that CSSB1294 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 Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB1185, pending in Committee, and recognized the author, Senator Whitmire. Senator Jackson sent up a committee substitute; Senator Whitmire explained the difference between the committee substitute and the bill as filed. Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB1185 do not pass but that CSSB1185 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 SB1116 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister explained a proposed substitute. 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 SB1116 be left pending; without objection, it was so ordered. The chairman laid out SB1198 and recognized the author, Senator Carona, to explain the bill. 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 SB1198 do not pass but that CSSB1198 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 SB1684 and recognized the author, Senator Jackson, 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 Jackson moved that SB1684 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:35 p.m. Senator Fraser assumed the chair, laid out SB1656 and recognized the author, Senator Sibley, to explain the bill. Cheryl Fuller, representing Texas Council on Workforce and Economic Competitiveness, registered on the bill but did not testify. The chairman moved that the public testimony be closed; without objection, it was so ordered. Senator Sibley moved that SB1656 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 Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB1658 and recognized the author, Senator Sibley, to explain the bill. Senator Sibley sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Sibley 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 Sibley moved that SB1658 do not pass but that CSSB1658 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 Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:45 p.m. Senator Sibley resumed the chair. The chairman laid out SB440 and recognized Senator Van de Putte, in the absence of the author, to explain the bill. Senator Van de Putte sent up a committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Van de Putte 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 Van de Putte moved that SB440 do not pass but that CSSB440 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 Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The subcommittee report on SB837 was laid out by Senator Shapleigh. The chairman then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Shapleigh moved that SB837 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 Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out SB1524 and recognized the author, Senator Van de Putte, to explain the bill. Senator Van de Putte sent up a proposed committee substitute and explained the difference between the committee substitute and the bill as filed. Senator Van de Putte sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Jeannene Fox, representing TABC, 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 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 new committee substitute be adopted; without objection, it was so ordered. Senator Van de Putte moved that SB1524 do not pass but that CSSB1524 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, 0 nay, 0 present not voting, and 3 absent. Senator Van de Putte 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 3:02 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