MINUTES 
                                           
                      SENATE COMMITTEE ON BUSINESS & COMMERCE 
                              Tuesday, March 20, 2001 
                                     9:00 a.m. 
                           Lt. Governor's Committee Room 
                                           
                                       ***** 
                                           
         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 20, 2001, in the Lt.  
         Governor's Committee Room 
          
                                       ***** 
                                           
         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 9:05 a.m.  There  
         being a quorum present, the following business was transacted:  
          
         The chairman laid out SB63 and recognized the author, 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 SB63 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 SB550 and recognized the author, Senator  
         Bernsen, to explain the bill.  Senator Jackson sent up a  
         committee substitute; Senator Bernsen 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 Lucio  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Lucio moved that SB550 do not pass  
         but that CSSB550 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 SB564 and recognized the author, 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 SB564 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 SB1618 and recognized the author, 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 Sibley moved that SB1618  
         be left pending; without objection, it was so ordered.   
          
         The chairman laid out SB365, pending in Committee, and  
         recognized the author, Senator Armbrister, to explain the  
         proposed committee substitute laid out in the previous committee  
         hearing.  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.  Senator Fraser requested  
         unanimous consent to roll the proposed committee substitute and  
         amendments into a new committee substitute; without objection,  
         it was so ordered.  Senator Fraser then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Fraser moved that SB365 do not pass but that  
         CSSB365 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, 1 nay, 0 present not voting, and 1  
         absent.   
          
         The chairman laid out SB424 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  
         SB424 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 Shapleigh 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 bill:  
          
         The chairman laid out SB326 and recognized the author, Senator  
         Lucio.  Senator Lucio sent up a proposed committee substitute  
  
         and explained the difference between the committee substitute  
         and the bill as filed.   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 sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Lucio  
         requested unanimous consent to roll the proposed substitute and  
         amendment into a new committee substitute; without objection, it  
         was so ordered.  Senator Lucio then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Lucio moved that SB326 do not pass but that CSSB326 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 SB429, pending in Committee, and  
         recognized the author, Senator Lucio. Senator Lucio sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Lucio requested unanimous  
         consent to roll the amendment into a committee substitute;  
         without objection, it was so ordered.  Senator Van de Putte then  
         moved that the committee substitute be adopted; without  
         objection, it was so ordered.  Senator Lucio moved that SB429 do  
         not pass but that CSSB429 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.     
          
         At 10:48 a.m. Chairman Sibley moved that the committee stand  
         recessed until one hour after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 2:05 p.m. the committee reconvened.   
          
         The chairman laid out SB471 and recognized the author, Senator  
         Carona.  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.  The chairman moved that the public testimony  
         be closed; without objection, it was so ordered.  Senator Carona  
         moved that SB471 do not pass but that CSSB471 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, 1  
         nay, 0 present not voting, and 1 absent.   
          
         The chairman laid out SB601 and recognized the author, Senator  
         Carona.  Senator Carona sent up a committee substitute and  
         explained the difference between the committee substitute and  
         the bill as filed.  Senator Carona sent up Committee Amendment  
  
         1; however, Senator Carona withdrew 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.  Chairman Sibley moved  
         that SB601 be left pending; without objection, it was so  
         ordered.   
          
         The chairman laid out SB624 and recognized the author, Senator  
         Duncan.  Senator Shapleigh sent up a committee substitute; the  
         chairman recognized Senator Duncan to explain 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 Lucio  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Lucio then moved that SB624 do not  
         pass but that CSSB624 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, 1 nay, 0 present not  
         voting, and 1 absent.   
          
         The chairman laid out SB804 and recognized the author, Senator  
         Madla, to explain the bill.  Senator Shapleigh sent up a  
         committee substitute; the chairman recognized Senator Madla to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Fraser 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 Fraser moved that SB804  
         do not pass but that CSSB804 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 SB970 and recognized the author, Senator  
         Madla, to explain the bill.  Senator Lucio sent up a committee  
         substitute; the chairman recognized Senator Madla 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.  David Duncan,  
         representing the Texas Workforce Commission, testified on the  
         bill.  The chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Lucio moved that  
         SB970 do not pass but that CSSB970 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.   
          
         The chairman laid out SB578, pending in Committee, and  
         recognized the author, Senator Madla. Senator Madla explained  
         the previously proposed committee substitute, and Committee  
         Amendments 1 through 6 sent up at the previous meeting.  Senator  
  
         Lucio moved adoption of Committee Amendment 1, previously sent  
         up; without objection, the amendment was adopted.  Senator Lucio  
         then moved that Committee Amendment 2, previously sent up, be  
         withdrawn; without objection, it was so ordered.  Senator Lucio  
         then sent up Committee Amendment 2A and moved adoption; without  
         objection the amendment was adopted.  Senator Lucio then moved  
         that Committee Amendment 3, previously sent up, be withdrawn;  
         without objection, it was so ordered.  Senator Lucio then sent  
         up Committee Amendment 3A and moved adoption; without objection  
         the amendment was adopted.  Senator Lucio moved that Committee  
         Amendment 4, previously sent up, be withdrawn; without  
         objection, it was so ordered.  Senator Lucio sent up Committee  
         Amendment 4A and moved adoption; without objection, the  
         amendment was adopted.  Senator Lucio moved adoption of  
         Committee Amendment 5, previously sent up; without objection,  
         the amendment was adopted.   Senator Lucio moved that Committee  
         Amendment 6, previously sent up, be withdrawn; without  
         objection, it was so ordered.  Senator Lucio sent up Committee  
         Amendment 6A and moved adoption; without objection, the  
         amendment was adopted.  Senator Lucio requested unanimous  
         consent to roll the proposed substitute and amendments 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 SB578 do not pass but that CSSB578 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, 2  
         nays, 0 present not voting, and 1 absent.   
          
         The chairman laid out SB12 and recognized the author, Senator  
         Nelson. Senator Fraser sent up a committee substitute; the  
         chairman recognized Senator Nelson to explain 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 Sibley  
         moved that SB12 be left pending; without objection, it was so  
         ordered.   
          
         The chairman referred the following bills to the Subcommittee on  
         Border Affairs: 
          
              SB 245 
              SCR 7 
              SCR 8 
          
         At 7:15 p.m. Senator Carona assumed the chair, laid out SB314  
         and recognized the author, Senator Sibley, to explain the bill.   
         Senator Carona sent up Committee Amendment 1; Senator Sibley  
         explained the amendment.  Senator Carona sent up Committee  
         Amendment 2, Senator Sibley explained the amendment.  Senator  
         Carona sent up Committee Amendment 3; Senator Sibley explained  
         the amendment.  Senator Carona sent up Committee Amendment 4;  
         Senator Sibley explained the amendment.  Senator Carona sent up  
         Committee amendment 5; Senator Sibley 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 SB314 be left pending; without objection, it was so  
         ordered.   
          
         The chairman laid out SB604 and recognized the author, 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 SB604 be left pending; without  
         objection, it was so ordered.   
          
         Senator Sibley resumed the chair; there being no further  
         business, at 8:05 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