MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 3, 2001
8:00 a.m.
Betty King Committee Hearing Room, 2E.20
*****
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, May 3, 2001, in the Betty King
Committee Hearing Room, 2E.20, at Austin, Texas.
*****
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 8:10 a.m. There
being a quorum present, the following business was transacted:
The chairman laid out HB1493 and recognized the Senate sponsor,
Senator Staples, 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. The chairman moved that HB1493 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Van de Putte moved that HB1493 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 HB1684 and recognized the Senate sponsor,
Senator Carona, 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 Carona moved that HB1684
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, 1 present not voting, and 0 absent.
The chairman laid out HB845 and recognized the Senate sponsor,
Senator Shapiro, 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 HB845 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
that HB845 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 Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out HB606 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Senator Fraser sent up a
committee substitute; Senator Nelson 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. At 9:05 a.m. Senator Fraser assumed the
chair and testimony continued. Upon completion of testimony,
the chairman moved that the public testimony be closed; without
objection, it was so ordered. The chairman moved that HB606 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Shapleigh moved that
the committee substitute be adopted; without objection, it was
so ordered. Senator Shapleigh moved that HB606 do not pass but
that CSHB606 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 Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out HB688 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Sibley resumed the chair and upon completion of testimony, moved
that the public testimony be closed; without objection it was so
ordered. Senator Van de Putte moved that HB688 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.
The chairman laid out HB430 and recognized the Senate sponsor,
Senator Armbrister, 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 HB430 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 HB409 and recognized Senator Lucio, in the
absence of the Senate sponsor, to explain the bill. The witness
testifying on the bill is shown on the attached list. The
chairman moved that the public testimony be closed; without
objection, it was so ordered. Senator Lucio moved that HB409 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 HB3357 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. The witness
registering on the bill is shown on the attached list. The
chairman moved that the public testimony be closed; without
objection, it was so ordered. Senator Lucio moved that HB3357
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 HB471 and recognized Senator Fraser, in
the absence of the Senate sponsor, 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 HB 471 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Van de Putte moved that HB471 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 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 HB1994 and recognized the Senate sponsor,
Senator Carona, 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 Carona moved that HB1994
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.
At 9:53 a.m. the chairman moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 2:30 p.m. the committee reconvened.
The posting rule, Senate Rule 11.18, was suspended to hear HB
2530; however, the chairman advised that HB2530 had been tagged
pursuant to Senate Rule 11.19 and would not be heard.
At 2:32 p.m. Senator Carona assumed the chair.
The chairman laid out HB533 and recognized the Senate sponsor,
Senator Sibley, 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. The chairman moved that HB538 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Sibley moved that HB533 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 HB1636 and recognized the Senate sponsor,
Senator Sibley, 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 Sibley moved that HB1636 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 HB1763 and recognized the Senate sponsor,
Senator Sibley. HB 1763 had been voted out of Committee on May
1; however, Senator Sibley moved that the vote be reconsidered.
Without objection, it was so ordered. Senator Sibley sent up
Committee Amendment 1, explained the amendment, and moved
adoption; 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 HB1763 do not pass but that CSHB1763 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 Sibley moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chairman laid out HB1927 and recognized Senator Sibley, in
the absence of the Senate sponsor, 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 Jackson moved
that HB1927 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 Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out SB1826 and recognized the author, Senator
Lucio, 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 SB1826 be
left pending; without objection, it was so ordered.
The chairman laid out HB1703 and recognized the Senate sponsor,
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. The chairman moved that HB1703 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Lucio moved that
HB1703 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 Lucio moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB1763 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. The chairman moved that SB1763 be
left pending; without objection, it was so ordered.
The chairman laid out HB1216 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill. The witness
registering on the bill is shown on the attached list. The
chairman moved that the public testimony be closed; without
objection, it was so ordered. The chairman moved that HB1216 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
that HB1216 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 Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out HB1862 and recognized the Senate sponsor,
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 HB1862 be
left pending; without objection, it was so ordered.
There being no further business, at 5:20 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
___________________________
Barbara Henderson, Clerk