MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, March 20, 2003
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, March 20, 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
*****
The Chairman called the meeting to order at 8:20 a.m. There
being a quorum present, the following business was transacted:
At 8:22 a.m. Chairman Fraser advised that the committee would
recess for the Governor's Prayer Service and would reconvene
thereafter; there being no objection, it was so ordered.
At 9:25 a.m. the committee reconvened. The Chairman laid out SB
14, pending in committee, and recognized the bill author,
Senator Jackson. A proposed committee substitute had been laid
out and discussed at the previous hearing and members had been
requested to file amendments to the proposed committee
substitute on Wednesday, March 19. The committee would vote on
the amendments at this hearing.
Senator Van de Putte sent up Committee Amendment 1. The Chairman
called Jose Montemayor, Commissioner, Texas Department of
Insurance, and Philip Presley, also representing Texas
Department of Insurance, to respond to members' questions
throughout the hearing. Senator Van de Putte moved adoption of
Committee Amendment 1. The motion failed by a record vote of 4
ayes, 5 nays, 0 present not voting, and 0 absent.
At 9:58 a.m. the Chairman moved that the committee stand
recessed until 45 minutes after adjournment of the Senate;
without objection, it was ordered.
At 1:10 p.m. the committee reconvened. Senator Averitt sent up
Committee Amendment 2; the amendment was withdrawn.
Senator Averitt sent up Committee Amendment 3; the amendment was
withdrawn. However, later Senator Averitt sent Committee
Amendment 3 back up and moved adoption. The motion passed by a
record vote of 5 ayes, 3 nays, 0 present not voting, and 1
absent.
The Chairman advised that Senator Armbrister would send up
Committee Amendment 4 when he returned to the hearing. When
Senator Armbrister returned, he withdrew the amendment.
Senator Lucio sent up Committee Amendment 5 and moved adoption.
The motion failed by a record vote of 2 ayes, 6 nays, 0 present
not voting, and 1 absent.
Senator Averitt sent up Committee Amendment 6; the amendment was
withdrawn.
Senator Averitt sent up Committee Amendment 7 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio sent up Committee Amendment 8 and moved adoption.
The motion failed by a record vote of 2 ayes, 7 nays, 0 present
not voting, and 0 absent.
Senator Averitt sent up Committee Amendment 9 and moved
adoption; without objection, the amendment was adopted.
Senator Averitt sent up Committee Amendment 10. Senator Fraser
offered an amendment to Committee Amendment 10; Senator Jackson
moved adoption; without objection, the amendment and the
amendment to the amendment were adopted.
Senator Williams sent up Committee Amendment 11 and moved
adoption; without objection, the amendment was adopted.
There was no action taken on Committee Amendment 12.
Senator Williams sent up Committee Amendment 13 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 14; the amendment
was withdrawn.
Senator Averitt sent up Committee Amendment 15; the amendment
was withdrawn.
Committee Amendment 15B by Senator Fraser was withdrawn.
Senator Van de Putte sent up Committee Amendment 16; the
amendment was withdrawn.
Senator Armbrister sent up a replacement to Committee Amendment
16A and moved adoption; without objection the amendment as
replaced was adopted.
There was no action taken on Committee Amendment 17.
Senator Van de Putte sent up Committee Amendment 18 and moved
adoption. The motion failed by a record vote of 3 ayes, 6 nays,
0 present not voting, and 0 absent.
Senator Van de Putte sent up Committee Amendment 19; the
amendment was withdrawn.
Senator Williams sent up Committee Amendment 20 and moved
adoption; without objection, the amendment was adopted.
Senator Brimer sent up Committee Amendment 21 and moved
adoption; without objection, the amendment was adopted.
Senator Averitt assumed the chair. Senator Fraser sent up
Committee Amendment 22; the Chairman moved adoption. Without
objection, the amendment was adopted.
Senator Fraser resumed the chair. Senator Averitt sent up
Committee Amendment 23; the amendment as withdrawn.
Senator Van de Putte sent up Committee Amendment 24 and moved
adoption. The motion failed by a record vote of 3 ayes, 5 nays,
0 present not voting, and 1 absent.
Senator Averitt sent up Committee Amendment 25; Senator Van de
Putte moved adoption; without objection, the amendment was
adopted.
Senator Averitt sent up Committee Amendment 26; the amendment
was withdrawn.
Senator Averitt sent up Committee Amendment 27; the amendment
was withdrawn.
Senator Brimer sent up Committee Amendment 28; the amendment was
withdrawn.
Senator Lucio sent up Committee Amendment 29 and moved adoption.
The motion failed by a record vote of 2 ayes, 5 nays, 0 present
not voting, and 2 absent.
There was no action taken on Committee Amendment 30.
Senator Averitt sent up Committee Amendment 31; Senator Jackson
sent up an amendment to Committee Amendment 31 and moved
adoption; without objection, the amendment and amendment to the
SENATE COMMITTEE ON BUSINESS & COMMERCE
Minutes
Thursday, March 20, 2003
page 4
amendment were adopted.
Senator Williams sent up Committee Amendment 32 and an amendment
to the amendment; the amendment and the amendment to the
amendment were withdrawn.
Senator Averitt sent up Committee Amendment 33 and moved
adoption; without objection, the amendment was adopted.
Senator Fraser sent up Committee Amendment 34 and moved
adoption; without objection, the amendment was adopted.
Committee Amendments 35 and 36 were withdrawn.
Senator Averitt sent up Committee Amendment 37 and moved
adoption; without objection, the amendment was adopted.
Senator Fraser sent up Committee Amendment 37A and moved
adoption; without objection, the amendment was adopted.
Senator Brimer sent up Committee Amendment 38 and moved
adoption; without objection, the amendment was adopted.
Senator Fraser sent up Committee Amendment 39 and moved
adoption; without objection, the amendment was adopted.
Committee Amendment 40 was withdrawn.
Senator Armbrister sent up a replacement to Committee Amendment
40A and moved adoption; without objection, the replacement for
the amendment was adopted.
Senator Averitt sent up Committee Amendment 41 and moved
adoption; without objection, the amendment was adopted.
Senator Fraser sent up Committee Amendment 42 and moved
adoption; without objection, the amendment was adopted.
Senator Van de Putte sent up Committee Amendment 43 and moved
adoption; without objection, the amendment was adopted.
Senator Van de Putte sent up Committee Amendment 44 and moved
adoption. The motion failed by a record vote of 2 ayes, 6 nays,
0 present not voting, and 1 absent.
Senator Jackson requested unanimous consent to incorporate the
adopted amendments into the proposed committee substitute;
without objection, it was so ordered. Senator Jackson then
moved that the new committee substitute be adopted; without
objection, it was so ordered. Senator Jackson moved that SB 14
do not pass but that CSSB 14 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, 2 nays, 1 present not
voting, and 0 absent.
SENATE COMMITTEE ON BUSINESS & COMMERCE
Minutes
Thursday, March 20, 2003
page 5
Chairman Fraser moved that the bills shown below be laid on the
table subject to call; without objection, it was so ordered.
SB 91
SB 99
SB 109 SB 130
SB 131
SB 400
There being no further business, at 6:30 p.m. the Chairman 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