MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 1, 2001
8:00 a.m.
Betty King 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, May 1, 2001, in the Betty King
Committee Room, 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 8:07 a.m. There
being a quorum present, the following business was transacted:
The chairman laid out HB2345 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. Senator Fraser sent up a
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. The chairman moved that HB2345 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Fraser moved that
the committee substitute be adopted; without objection, it was
so ordered. Senator Fraser moved that HB2345 do not pass but
that CSHB2345 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 Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 8:11 a.m. Senator Fraser assumed the chair, laid out HB362
and recognized the Senate sponsor, Senator Sibley, 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. The
chairman moved that HB362 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Sibley moved that HB362 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 Sibley moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out HB1768 and recognized the Senate sponsor,
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 HB1768 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Sibley moved that HB1768 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 Sibley
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chairman laid out HB1763 and recognized the Senate sponsor,
Senator Sibley, 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. The chairman moved that HB1763 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Sibley moved that
HB1763 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 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, laid out HB695 and recognized
the Senate sponsor, Senator Wentworth, to explain the bill.
Senator Fraser sent up a committee substitute; Senator Wentworth
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. The chairman moved that HB695 be left pending to await
a quorum; without objection, it was so ordered. Upon arrival of
a quorum, Senator Lucio moved that the committee substitute be
adopted; without objection, it was so ordered. Senator Lucio
moved that HB695 do not pass but that CSHB695 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 HB1891 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. Senator Van de Putte
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. 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 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 Van de Putte moved that HB1891 do not
pass but that CSHB1891 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 HB427, pending in Committee, and
recognized the Senate sponsor, Senator Lucio. Senator Lucio
moved adoption of the committee substitute sent up in a previous
hearing; without objection, it was so ordered. Senator Lucio
moved that HB427 do not pass but that CSHB427 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 HB186 and recognized the Senate sponsor,
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
HB186 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 HB1166 and recognized the Senate sponsor,
Senator Carona, to explain the bill. Senator Carona sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Carona 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 Carona requested unanimous consent to roll the
amendments into a committee substitute; without objection, it
was so ordered. Senator Carona then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Carona moved that HB1166 do not pass but that CSHB1166
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 HB1103 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. 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 Carona moved that HB1103 do not pass but that CSHB1103
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
Carona moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chairman laid out HB1390 and recognized the Senate sponsor,
Senator Shapleigh, 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 Shapleigh moved that HB1390 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 chairman laid out HB1066 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Senator Jackson sent up a
committee substitute and explained the difference between the
substitute and the bill as filed. Senator Jackson 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 Jackson moved that HB1066 do not pass but that
CSHB1066 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 Jackson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out HB935 and recognized the Senate sponsor,
Senator Jackson, 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 Jackson moved that HB935
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 Jackson moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chairman laid out HB2255 and recognized Senator Jackson, in
the absence of the Senate sponsor, to explain the bill. Senator
Jackson sent up a committee substitute and explained the
difference between the committee substitute and the bill as
filed. Senator Jackson 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 Jackson moved
that HB2255 do not pass but that CSHB2255 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 Jackson moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 9:55 a.m. Senator Sibley moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 2:05 p.m. the committee reconvened.
The chairman laid out HB1466 and recognized the Senate sponsor,
Senator Cain, to explain the bill. Senator Sibley sent up a
committee substitute; Senator Cain explained the difference
between the committee substitute and the bill as filed. Senator
Jackson moved adoption of the committee substitute; without
objection, it was so ordered. 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 moved that HB1466 do not pass but that
CSHB1466 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, 0 nay, 0 present not voting, and 2
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 HB2828 and, in the absence of the Senate
sponsor, explained the bill. Senator Sibley 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 HB2828 do not pass but that CSHB2828 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, 0 nay, 0 present not voting, and 2 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 HB337 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. The chairman moved that HB337 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Fraser moved that HB337 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, 0
nay, 0 present not voting, and 2 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 SB1122 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. The chairman moved that SB1122 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Fraser moved that
SB1122 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, 0 nay, 0 present not voting, and 3
absent. Senator Van de Putte moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
There being no further business, at 2:27 p.m. Senator Sibley
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