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