MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, March 4, 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 Tuesday, March 4, 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 417 and SJR 22 and recognized the author, Senator Harris, to explain the bills. Witnesses testifying and registering on both bills are shown on the attached list. The Chairman moved that the public testimony be closed; without objection, it was so ordered. At the author's request, the Chairman moved that the bills be left pending; without objection, it was so ordered. The Chairman laid out SB 374 and recognized the author, Senator Williams, to explain the bill. Senator Williams sent up Committee Amendment 1 and explained the amendment. Witnesses testifying and registering on the bill are shown on the attached list. The Chairman moved that SB 374 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that Committee Amendment 1 be adopted. Without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to roll 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 Williams moved that SB 374 do not pass but that CSSB 374 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. At 9:35 a.m. Chairman Fraser moved that the committee stand recessed for 15 minutes; without objection, it was so ordered. At 10:00 a.m. the committee reconvened. Senator Williams assumed the chair, laid out SB 127 and recognized the author, Senator Fraser. Senator Fraser then laid out a proposed committee substitute and explained the difference between the bill as filed and the substitute. SB 126 and SB 128 had been incorporated into the proposed substitute for SB 127. Senator Fraser advised that he wanted to provide the opportunity for review of the proposed substitute by the committee and other interested parties. Further discussion would take place after the Senate adjourned. The Chairman read Motions in Writing: Unanimous Consent to Vote submitted by Senator Averitt and Senator Brimer voting aye on SB 374. Without objection, it was so ordered. The Chairman laid out SB 131, pending in committee, and recognized the author, Senator Fraser. Senator Fraser sent up a proposed committee substitute and explained the difference between the substitute and the bill as filed. Philip Presley, representing the Texas Department of Insurance, testified as a resource on the bill. Senator Fraser pulled down the substitute. The Chairman moved that the bill be left pending; without objection, it was so ordered. At 10:20 a.m. the Chairman moved that the committee stand recessed until 12:00 p.m; without objection, it was so ordered. At 12:38 p.m. the committee reconvened, with Senator Williams in the chair. The Chairman again laid out SB 127, as well as SB 126 and SB 128 which were pending in committee, and recognized Senator Fraser for further discussion of the proposed substitute incorporating these bills. Rob Schneider, representing Consumers Union, testified on the aforementioned bills. The Chairman moved that SB 126, SB 127 and SB 128 be left pending; without objection, it was so ordered. The Chairman read a Motion in Writing: Unanimous Consent to Vote submitted by Senator Van de Putte voting aye on SB 374. Without objection, it was so ordered. There being no further business, at 1:15 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