MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 8, 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 Tuesday, May 8, 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 HB2295 and recognized the Senate sponsor,
Senator Gallegos, to explain the bill. Senator Shapleigh sent
up a committee substitute; Senator Gallegos 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. 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 Lucio moved that
HB2295 do not pass but that CSHB2295 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 Lucio moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chairman laid out HB3015 and recognized the Senate sponsor,
Senator Fraser, 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 Fraser moved that HB3015 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 Fraser moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chairman laid out HJR5 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. Senator Shapleigh 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. Senator Shapleigh requested unanimous consent to
roll the amendment 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 HJR5 do not pass but
that CSHJR5 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 Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out HB2029 and recognized the Senate sponsor,
Senator Shapleigh, 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 Shapleigh moved that HB2029 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
Shapleigh moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The chairman laid out HB2337 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. Senator Fraser sent up
Committee Amendment 1; Senator Shapiro explained the amendment.
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 HB2337 be left pending; without objection, it was so
ordered.
The chairman laid out HB1562 and recognized the Senate sponsor,
Senator Moncrief, 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 Lucio moved that HB1562
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 HB1161 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Senator Van de Putte
sent up a committee substitute; the chairman recognized Senator
Moncrief to explain 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. There were no witnesses testifying and registering on
the bill. The chairman moved that the public testimony be
closed; without objection, it was so ordered. Senator Lucio
moved that HB1161 do not pass but that CSHB1161 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 HB1351 and recognized the Senate sponsor,
Senator Armbrister, 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 Lucio moved that HB1351
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 HB2495 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 Shapleigh moved that HB2495 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 Carona
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chairman laid out HB259 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Carona sent up
a committee substitute; Senator Armbrister 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 HB259 do not pass but that CSHB259 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 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 HB1047 and recognized the Senate sponsor,
Senator Armbrister, 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
HB1047 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.
The chairman laid out HB1592 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. Senator Van de Putte moved that
HB1592 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 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 HB1243 and recognized the Senate sponsor,
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 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 HB1243 do not pass but
that CSHB1243 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 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 HB1794 and recognized the Senate sponsor,
Senator Cain, to explain the bill. Senator Jackson sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. 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 Jackson requested unanimous consent to roll the
amendment into a committee substitute; without objection, it was
so ordered. Senator Jackson then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Jackson moved that HB1794 do not pass but that CSHB1794
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 HB2327 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. 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 Van de Putte moved that HB2327 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
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 HB2331 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. 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 Van de Putte moved that HB2331 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
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 HB548 and recognized the Senate sponsor,
Senator Jackson, 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 HB548 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
Jackson moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 9:57 a.m. the chairman moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 2:37 p.m. the committee reconvened.
The chairman laid out HB 2600 and advised that the bill would be
rescheduled for Thursday, May 10, and that public testimony
would not be heard until that date.
The chairman laid out HB2530 and recognized the Senate sponsor,
Senator Ellis, 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 chairman moved that the
public testimony be closed; without objection, it was so
ordered. Senator Lucio moved that HB2530, as amended, 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, 3 nays, 0 present not voting, and 0 absent.
The chairman laid out HB1995 and recognized the Senate sponsor,
Senator Carona, to explain the bill. 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 Carona moved that HB1995 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 Carona moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chairman laid out HB2139 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 HB2139
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, 0 nay, 0 present not voting, and 3 absent.
Senator Carona moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered. Senator Sibley then moved that the vote on HB2139
be reconsidered; without objection, it was so ordered. Senator
Sibley sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Carona moved that
HB2139, as amended, 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 amended bill was not recommended for
placement on the Local & Uncontested Calendar.
The chairman laid out HB2159 and recognized the Senate sponsor,
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.
Testimony on HB 2159 was suspended to hear Senator Duncan for an
explanation of HB 2600, previously laid out, and to hear expert
witness testimony from Scott McAnally of the Research and
Oversight Council on Workers Compensation, Austin, Texas.
Testimony on HB 2159 continued. Upon completion of testimony,
the chairman moved that public testimony be closed; without
objection, it was so ordered. Senator Carona moved that HB2159
do not pass but that CSHB2159 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 HB3458 and recognized Senator Carona, in
the absence of the Senate sponsor, to explain the bill. Senator
Carona 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. Senator Carona moved that HB3458,
as amended, 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 posting rule, Senate Rule 11.18, was suspended to hear the
following bills: SB 1837 and HB 2498.
The chairman laid out SB1837 and recognized the author, 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 Shapleigh moved that
SB1837 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.
The chairman laid out HB2498 and recognized the Senate sponsor,
Senator Lucio, to explain the bill. Senator Van de Putte 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. Senator Lucio requested unanimous consent to roll
the amendment into a committee substitute; without objection, it
was so ordered. Senator Lucio then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Lucio moved that HB2498 do not pass but that CSHB2498 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 HB1692 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. Senator Lucio sent up a
committee substitute and explained the difference between the
committee substitute and the bill as filed. 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 HB1692 be left pending;
without objection, it was so ordered.
At 5:10 p.m. Senator Jackson assumed the chair.
The chairman laid out HB196 and recognized the Senate sponsor,
Senator Sibley, to explain the bill. Senator Sibley 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. 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 HB196 do not pass but that CSHB196 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 HB217 and recognized the Senate sponsor,
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 chairman moved that the
public testimony be closed; without objection, it was so
ordered. Senator Sibley requested unanimous consent to roll the
amendments 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 HB217 do not pass but that CSHB217 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. There being no further
business, at 5:27 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