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