MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, March 18, 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 Tuesday, March 18, 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 611 and recognized the author, Senator Nelson, 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 611 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. The Chairman laid out SB 533 and recognized the author, Senator Carona. Senator Fraser sent up a committee substitute; Senator Carona 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. Chairman Fraser moved that SB 533 be left pending; without objection, it was so ordered. The Chairman laid out SB 935 and recognized the author, Senator Jackson, to explain the bill. There were no witnesses on the bill. Senator Jackson moved that SB 935 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chairman read Motions in Writing submitted by Senator Estes and Senator Van de Putte requesting unanimous consent to be shown voting aye on SB 611; and Senator Williams and Senator Lucio voting aye on SB 935. Without objection, it was so ordered. At 10:10 a.m. Senator Jackson assumed the chair laid out SB 127, pending in committee, and recognized the author, Senator Fraser. Senator Jackson sent up a proposed committee substitute; Senator Fraser explained the difference between the committee substitute and the bill as filed. Senator Brimer sent up Committee Amendment 1 to the proposed committee substitute and moved adoption; without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Brimer then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Brimer moved that SB 127 do not pass but that CSSB 127 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 Fraser resumed the chair and laid out SB 14, pending in committee. Chairman Fraser laid out a proposed committee substitute for consideration by the members, and recognized the author, Senator Jackson. Jose Montemayor, Commissioner, Texas Department of Insurance, was called to testify and respond to members' questions. The Chairman laid out the proposed time line for SB 14, requesting all members to file any amendments to the committee substitute in the committee office by 2:00 p.m., Wednesday, March 19. Amendment copies would be distributed to members' offices by 5:00 p.m. Wednesday. At the meeting on Thursday, March 20, the committee would consider amendments to the substitute. The Chairman then moved that SB 14 be left pending; without objection, it was so ordered. The Chairman laid out SB 115, pending in committee, and recognized Senator Jackson, in the absence of the author, Senator Van de Putte, to explain the bill. Senator Jackson moved that SB 115 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. The Chairman read Motions in Writing submitted by Senator Estes requesting unanimous consent to be shown voting aye on SB 127; and by Senator Averitt requesting unanimous consent to be shown voting aye on SB 935 and SB 115. Without objection, it was so ordered. Chairman Fraser moved that SB 126 and SB 128 be laid on the table subject to call. Without objection, it was so ordered. At 10:58 a.m. the Chairman moved that the committee stand recessed until adjournment of the Senate; without objection, it was so ordered. The committee would reconvene at the Chairman's desk upon adjournment. At 12:58 p.m. the committee reconvened. The Chairman read a Motion in Writing submitted by Senator Van de Putte requesting unanimous consent to be shown voting aye on SB 935, SB 115 and CSSB 127. There being no objection, it was so ordered. There being no further business, at 1:00 p.m. Chairman 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