MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, February 27, 2003
9:00 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, February 27, 2003, in the Betty
King Committee Hearing Room, 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Troy Fraser, Chairman None
Senator Kip Averitt, Vice Chairman
Senator Kenneth Armbrister
Senator Kim Brimer
Senator Craig Estes
Senator Mike Jackson
Senator Eddie Lucio, Jr.
Senator Leticia Van de Putte
Senator Tommy Williams
*****
Chairman Fraser called the meeting to order at 9:05 a.m. There
being a quorum present, the following business was transacted:
The Chairman laid out SB 416 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. Senator Averitt moved that SB 416
be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent.
Senator Averitt moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chairman laid out SB 378 and recognized the author, Senator
Armbrister, to explain the bill. Senator Armbrister sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Jack Cross, representing Texas Florists,
San Antonio, testified in favor of the bill. The Chairman moved
that the public testimony be closed; without objection, it was
so ordered. Senator Armbrister requested unanimous consent to
incorporate the amendment into a committee substitute; without
objection, it was so ordered. Senator Armbrister then moved
that the committee substitute be adopted; without objection, it
was so ordered. Senator Armbrister moved that SB 378 do not
pass but that CSSB 378 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 0 absent. Senator Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chairman laid out SB 324 and recognized the author, Senator
Armbrister, to explain the bill. Larry Temple, representing H &
R Block, Austin, testified in favor of the bill. The Chairman
moved that the public testimony be closed; without objection, it
was so ordered. Senator Armbrister moved that SB 324 be
reported favorably to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 9 ayes, 0 nay, 0 present not voting, and 0 absent. Senator
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
At 9:35 a.m. Senator Averitt assumed the chair, laid out SB 235
and recognized the author, Senator Fraser. Senator Fraser 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 Fraser moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Williams moved that SB 235 do not pass but
that CSSB 235 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 0 absent.
The Chairman read Motions in Writing: Unanimous Consent to Vote
submitted by Senator Estes voting aye on SB 416; Senator Brimer
voting aye on CSSB 235, and Senator Lucio voting aye on SB 416
and CSSB 378. Without objection; it was so ordered.
At 9:55 a.m. Senator Averitt moved that the committee stand
recessed until 15 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 11:55 a.m. the committee reconvened. Senator Fraser resumed
the chair, laid out SB 338 and recognized the author, Senator
Averitt. Senator Averitt 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 Fraser moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Fraser moved that SB 338 do not pass but that CSSB 338 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 9
ayes, 0 nay, 0 present not voting, and 0 absent. Senator Brimer
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chairman laid out SB 359 and recognized the author, 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. Senator Lucio moved that SB 359
be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 9 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 read Motion in Writing: Unanimous Consent to Vote
submitted by Senator Williams voting aye on SB 338 and SB 359.
Without objection, it was so ordered.
Chairman Fraser advised that the following three bills would be
laid out together and testimony would be taken on all three
bills. He then laid out SB 109 and recognized the author,
Senator Averitt, to explain the bill. The Chairman then laid
out SB 115 and recognized the author, Senator Van de Putte, to
explain the bill. Senator Lucio assumed the chair, laid out SB
131 and recognized the author, Senator Fraser, to explain the
bill.
At 12:28 p.m. the Chairman moved that the committee stand
recessed in order for several committee members to participate
in the vote in another committee; without objection it was so
ordered.
At 1:30 p.m. the committee reconvened. Senator Armbrister
assumed the chair, and testimony was heard on SB 109, SB 115 and
SB 131. Witnesses testifying and registering on the bills are
shown on the attached list. David Durden, a resource witness
from the Texas Department of Insurance, testified on the
aforementioned bills, as well as SB 14 and SB 400 which were
pending in Committee.
Senator Fraser resumed the chair, and moved that SB 109, SB 115
and SB 131 be left pending; without objection, it was so
ordered.
There being no further business, at 2:45 p.m. Senator Fraser
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
__________________________
Senator Troy Fraser, Chairman
__________________________
Barbara Henderson, Clerk