MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, April 19, 2001
8:00 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 Thursday, April 19, 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 8:03 a.m. There
being a quorum present, the following business was transacted:
Senator Lucio assumed the chair, laid out SB560 and recognized
the author, Senator Sibley to explain the bill. Bill Stinson,
representing Texas Association of Realtors, testified on the
bill. The chairman moved that the public testimony be closed;
without objection, it was so ordered. The chairman moved that
SB560 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Sibley moved
that SB560 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 Sibley moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Sibley resumed the chair, laid out SB1653 and SB 1654,
and recognized the author, Senator Bernsen, to explain the
bills. Witnesses testifying and registering on the bills are
shown on the attached list.
At 9:50 a.m. the chairman recessed the hearing until after
adjournment of the Senate, and advised that testimony on SB 1653
and SB 1654 would continue at that time.
At 3:15 p.m. the committee reconvened and testimony on SB 1653
and SB 1654 resumed. Upon completion of the testimony, the
chairman moved that the public testimony be closed; without
objection, it was so ordered. The chairman moved that SB1653 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
that SB1653 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 then moved that SB 1654 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, 1
nay, 0 present not voting, and 2 absent.
The chairman laid out SB1581 and recognized the author, Senator
West, to explain the bill. Senator West explained a proposed
committee 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 SB1581 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Carona sent up Committee Amendment
1 to the proposed substitute and moved adoption; 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 SB1581 do not pass but that CSSB1581
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 subcommittee report on SB681 was laid out and explained by
Senator Shapleigh. Senator Shapleigh then moved adoption of the
subcommittee report; there being no objection, it was so
ordered. The witness registering but not testifying is shown on
the attached list. Senator Shapleigh sent up a new committee
substitute and explained the difference between the committee
substitute and the substitute adopted in subcommittee. Senator
Lucio sent up Committee Amendment 1 to the substitute and moved
adoption; without objection, the amendment was adopted. Senator
Lucio sent up Committee Amendment 2 to the substitute and moved
adoption; without objection, the amendment was adopted. Senator
Shapleigh requested unanimous consent to roll the amendments
into a committee substitute; without objection, it was so
ordered. Senator Shapleigh then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Shapleigh moved that SB681 do not pass but that CSSB681
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
Sibley moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chairman laid out SB980, pending in Committee, and
recognized the author, Senator Carona to explain the bill.
Senator Carona sent up Committee Amendment 1 to the previously
adopted substitute and moved adoption; without objection, the
amendment was adopted. Senator Carona requested unanimous
consent to roll the 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 SB980 do not pass but that CSSB980 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 SB1516, pending in Committee, and
recognized the author, Senator Lucio. Senator Lucio sent up a
committee substitute and 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. Senator Lucio moved that SB1516 do not pass but
that CSSB1516 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.
The chairman laid out SB851 and recognized the author, Senator
Duncan, to explain the bill. Senator Fraser sent up a committee
substitute; Senator Duncan explained 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 testifying and registering on the
bill are shown on the attached list. Senator Fraser moved that
SB851 do not pass but that CSSB851 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, 2 nays, 0
present not voting, and 0 absent.
The chairman laid out SB957, pending in Committee. Senator
Sibley sent up a new 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. Senator
Sibley moved that SB957 do not pass but that CSSB957 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 Fraser assumed the chair, laid out SB 1793, pending in
Committee, and recognized the author, Senator Sibley. Senator
Sibley moved adoption of Committee Amendment 1, laid out in a
previous meeting; without objection the amendment was adopted.
Senator Sibley requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Sibley then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Sibley moved that SB1793 do not pass but that CSSB1793
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
Sibley moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Sibley resumed the chair, laid out SB1284, pending in
Committee, 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. Senator Van de Putte moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Van de Putte moved that SB1284 do not pass but that
CSSB1284 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 SB1707, pending in Committee, and
recognized the author, Senator Van de Putte. Senator Van de
Putte withdrew the committee substitute adopted in a previous
hearing, sent up a new committee substitute and explained the
difference between the substitute and the bill as filed.
Senator Van de Putte moved adoption of the substitute; without
objection, it was so ordered. Senator Van de Putte moved that
SB1707 do not pass but that CSSB1707 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 Sibley moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chairman laid out SB1116 and recognized Senator Fraser, in
the absence of the author. Senator Fraser moved adoption of the
committee substitute explained at a previous hearing; without
objection, the substitute was adopted. Senator Fraser moved
that SB1116 do not pass but that CSSB1116 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 Sibley moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chairman laid out SB1151 and recognized the author, Senator
Van de Putte, 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 SB1151 be
left pending; without objection, it was so ordered.
The chairman laid out SB942 and recognized the author, Senator
Van de Putte, 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 SB942 be
left pending; without objection, it was so ordered.
There being no further business, at 7:32 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
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Barbara Henderson, Clerk