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