MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 19, 2005
8:00 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, May 19, 2005, 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 John Carona
Senator Kevin Eltife
Senator Craig Estes
Senator Eddie Lucio, Jr.
Senator Leticia Van de Putte
*****
The chair called the meeting to order at 8:18 a.m.
The chair laid out HB 2157 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 2157
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt sent up a
committee substitute. Senator Averitt then moved that HB 2157
do not pass but that CSHB 2157 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 3 absent. Senator Averitt moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 843 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 843
be left pending; without objection, it was so ordered.
The roll was called at 8:37 a.m. and a quorum was present.
The chair laid out HB 1744 and recognized the Senate sponsor,
Senator Hinojosa, to explain the bill. Witnesses registering on
the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Van de Putte moved that HB 1744 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 8
ayes, 0 nay, 0 present not voting, and 1 absent. Senator Van de
Putte moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 8:39 a.m. Senator Carona assumed the chair.
The chair laid out HB 789, pending business, and recognized the
Senate sponsor, Senator Fraser, to explain the bill. Senator
Fraser withdrew the committee substitute that was sent up at a
previous hearing. Senator Fraser sent up a new committee
substitute; the chair recognized Senator Fraser to explain the
new committee substitute. Public testimony was closed at a
previous hearing. Senator Fraser moved adoption of the new
committee substitute; without objection, it was so ordered.
Senator Fraser moved that HB 789 do not pass but that CSHB 789
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 chair laid out HB 2388 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. Witnesses registering on
the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 2388 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 Fraser
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Carona moved that public testimony be limited to two
minutes; without objection, it was so ordered.
The chair laid out HB 62 and recognized the Senate sponsor,
Senator Eltife, to explain the bill.
Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Eltife moved that
HB 62 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 Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2303 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Armbrister
sent up a committee substitute; the chair recognized Senator
Armbrister to explain 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Carona moved adoption of
the committee substitute; without objection, it was so ordered.
Senator Armbrister moved that HB 2303 do not pass but that CSHB
2303 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 chair laid out HB 3140 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses registering
on the bill are shown on the attached list. The chair moved
that the public testimony be closed; without objection, it was
so ordered. Senator Armbrister moved that HB 3140 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.
The chair laid out HB 2965 and recognized the Senate sponsor,
Senator Brimer, to explain the bill. Senator Brimer sent up a
committee substitute; the chair recognized Senator Brimer to
explain the difference between the committee substitute and the
bill as filed. Witnesses registering on the bill are shown on
the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Brimer
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Brimer moved that HB 2965 do not
pass but that CSHB 2965 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 chair laid out HB 2716 and recognized the Senate sponsor,
Senator Eltife, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Eltife
moved that HB 2716 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 Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 3048 and recognized Senator Eltife, in the
absence of the Senate sponsor, to explain the bill. Witnesses
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Carona moved that HB 3048
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved
that HB 3048 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, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 3300 and recognized Senator Eltife, in the
absence of the Senate sponsor, to explain the bill. Witnesses
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Eltife moved that HB 3300
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 Eltife moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB 1132 and recognized Senator Armbrister, in
the absence of the Senate sponsor, to explain the bill.
Witnesses registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Carona moved that
HB 1132 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Averitt moved
that HB 1132 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2613 and recognized Senator Armbrister, in
the absence of the Senate sponsor, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The chair moved that the public testimony be closed; without
objection, it was so ordered.
Senator Carona moved that HB 2613 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Averitt moved that HB 2613 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 8 ayes, 0
nay, 0 present not voting, and 1 absent. Senator Averitt moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 2590 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. There were no
witnesses registered on the bill. Senator Carona moved that HB
2590 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Carona moved
that HB 2590 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 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 chair laid out HB 3376 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. Witnesses registering
on the bill are shown on the attached list. The chair moved
that the public testimony be closed; without objection, it was
so ordered. Senator Carona moved that HB 3376 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Estes moved that HB 3376 be
reported favorably to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator
Estes moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 9:16 a.m. Senator Lucio, Jr. assumed the chair.
The chair laid out HB 2064 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registered on the bill. Senator Lucio, Jr. moved that HB 2064
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Carona moved that HB
2064 be reported favorably to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 8 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 chair laid out HB 2065 and recognized the Senate sponsor,
Senator Carona, to explain the bill. There were no witnesses
registered on the bill. Senator Lucio, Jr. moved that HB 2065 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Carona moved that HB
2065 be reported favorably to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 8 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 chair laid out HB 2627 and recognized the Senate sponsor,
Senator Carona, to explain the bill. Witnesses registering on
the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Lucio, Jr. moved that HB 2627 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Carona moved that HB 2627 be
reported favorably to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 8 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 chair laid out HB 900 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. Witnesses
testifying and registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Lucio, Jr. moved
that HB 900 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Averitt moved that HB 900 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 8 ayes, 0 nay, 0 present
not voting, and 1 absent. Senator Averitt moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 9:28 a.m. Senator Fraser resumed the chair.
The chair laid out HB 2959 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. Witnesses
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 2959
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt sent up
Committee Amendment 1 and explained the amendment. Senator
Averitt moved adoption of the amendment; without objection, it
was so ordered. Senator Averitt requested unanimous consent to
roll the amendment into a committee substitute; without
objection, it was so ordered. Senator Averitt then moved that
the committee substitute be adopted; without objection, it was
so ordered. Senator Averitt moved that HB 2959 do not pass but
that CSHB 2959 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Averitt moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 3384 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. Witnesses
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 3384
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Eltife moved that HB
3384 be reported favorably to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 8 ayes, 0 nay, 0 present not voting, and 1
absent. Senator Eltife moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 3149 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. There were
no cards registered on the bill. Senator Fraser moved that HB
3149 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Eltife moved
that HB 3149 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1146 and recognized Senator Carona, in the
absence of the Senate sponsor, to explain the bill. Senator
Carona sent up Committee Amendment 1, Committee Amendment 2, and
Committee Amendment 3, and explained the amendments. Witnesses
testifying and registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Fraser moved that
HB 1146 be left pending; without objection, it was so ordered.
Senator Averitt withdrew Committee Amendment 3 and sent up a new
Committee Amendment 3. Senator Averitt moved adoption of
Committee Amendment 1, Committee 2, and the new Committee
Amendment 3; without objection, it was so ordered. Senator
Averitt requested unanimous consent to roll the amendments into
a committee substitute; without objection, it was so ordered.
Senator Averitt then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator Averitt
moved that HB 1146 do not pass but that CSHB 1146 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 3 absent. Senator Averitt moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1823 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr.
sent up a committee substitute; the chair recognized Senator
Lucio, Jr. to explain 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Lucio, Jr. moved adoption
of the committee substitute; without objection, it was so
ordered. Senator Lucio, Jr. moved that HB 1823 do not pass but
that CSHB 1823 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 698, pending business, and recognized the
Senate sponsor, Senator Averitt, to explain the bill. Senator
Averitt sent up Committee Amendment 1 and Committee Amendment 2,
and explained the amendments. Senator Fraser moved that HB 698
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved
adoption of the amendments; without objection, it was so
ordered. Senator Averitt requested unanimous consent to roll
the amendments into a committee substitute; without objection,
it was so ordered. Senator Averitt then moved that the
committee substitute be adopted; without objection, it was so
ordered. Senator Averitt moved that HB 698 do not pass but that
CSHB 698 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 2
absent. Senator Averitt moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Brimer on HB 1744, CSHB 789, HB 2716, HB 3300, HB 3048,
CSHB 1823, HB 900, HB 1132, HB 2064, HB 2065, HB 2613, HB 2590,
HB 2627, HB 3376, HB 3384, HB 3149, CSHB 2959, CSHB 698, and
CSHB 2267; Senator Van de Putte on HB 62, HB 1744, CSHB 1823, HB
900, CSHB 2303, HB 2716, CSHB 2965, HB 3048, HB 1132, HB 2064,
HB 2065, HB 2590, HB 2613, HB 2627, HB 3376, HB 3384, HB 3149,
CSHB 2959, CSHB 698, and CSHB 3140; Senator Averitt on HB 62, HB
1744, CSHB 2303, HB 2388, HB 2716, CSHB 2965, HB 3140, HB 3300,
and CSHB 789. Without objection, it was so ordered. These
votes are reflected in the final votes on the aforementioned
bills.
At 10:57 p.m. Senator Averitt assumed the chair.
Senator Fraser requested to be shown voting aye on HB 62, CSHB
2303, HB 3140, HB 3300, HB 3048, HB 2716, and CSHB 2965.
Without objection, it was so ordered. These votes are reflected
in the final votes on the aforementioned bills.
At 10:58 a.m. Senator Fraser resumed the chair.
The Chairman read a Motion in Writing requested by Senator Lucio
to be shown voting aye on HB 2064, HB 2065, HB 2590, HB 2613,
HB 2627, HB 3376, HB 3384, HB 3149, HB 2959, CSHB 2267, HB 900,
and HB 1132. Without objection, it was so ordered. These votes
are reflected in the final votes on the aforementioned bills.
At 11:00 a.m. Senator Averitt assumed the chair.
The chair laid out HB 2267, pending business, and recognized
Senator Fraser, in the absence of the Senate sponsor, to explain
the bill. Senator Fraser explained Committee Amendment 1 that
was sent up at a previous hearing. Senator Fraser sent up
Committee Amendment 2 and explained the amendment. Senator
Fraser moved adoption of Committee Amendment 1 and Committee
Amendment 2; without objection, it was so ordered. Senator
Fraser requested unanimous consent to roll the amendments into a
committee substitute; without objection, it was so ordered.
Senator Fraser then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator Fraser
moved that HB 2267 do not pass but that CSHB 2267 be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a record vote of 8 ayes, 0
nay, 0 present not voting, and 1 absent. Senator Fraser moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 11:05 a.m. Senator Fraser resumed the chair.
At 11:06 a.m. Senator Fraser moved that the committee stand
recessed until 15 minutes after
adjournment of the Senate; without objection, it was so ordered.
At 2:03 p.m. the committee reconvened.
The chair laid out HB 3428 and recognized the Senate sponsor,
Senator Seliger, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 3428
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Eltife moved that HB
3428 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 2
absent. Senator Eltife moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 363 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. There were no
witnesses registered on the bill. Senator Fraser moved that HB
363 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Estes moved that
HB 363 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 2 absent. Senator Estes moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1892 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill. There were no
witnesses registered on the bill. Senator Fraser moved that HB
1892 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that HB 1892 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 2 absent. Senator Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2879 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. There were no
witnesses registered on the bill. Senator Fraser moved that HB
2879 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that HB 2879 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 2 absent. Senator Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 3221 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill. Witnesses registering on
the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Estes moved that HB 3221 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 2 absent. Senator Estes moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 2:16 p.m. Senator Averitt assumed the chair.
The chair laid out HB 1891 and recognized Senator Fraser, in the
absence of the Senate sponsor, to explain the bill. Witnesses
registering on the bill are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Estes moved that HB 1891
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Estes moved that HB
1891 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 2
absent. Senator Estes moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 1890 and recognized Senator Fraser, in the
absence of the Senate sponsor, to explain the bill. Witnesses
testifying and registering on the bill are shown on the attached
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Averitt moved
that HB 1890 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Estes sent up the committee substitute. Senator Estes moved
that HB 1890 do not pass but that CSHB 1890 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 2 absent. Senator Estes moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1572 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. There were no witnesses
registered on the bill. Senator Averitt moved that HB 1572 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
that HB 1572 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 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.
At 2:25 p.m. Senator Fraser resumed the chair.
The chair laid out HB 1399 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. Senator
Averitt sent up a committee substitute; the chair recognized
Senator Averitt to explain the difference between the committee
substitute and the bill as filed. There were no witnesses
registered on the bill. Senator Fraser moved that HB 1399 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved
adoption of the committee substitute; without objection, it was
so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved
that HB 1399 do not pass but that CSHB 1399 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 3 absent. Senator Lucio, Jr.
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 2437 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses registered on the bill. Senator Fraser moved that
HB 2437 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that HB 2437 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 3 absent. Senator Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 637 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. There were
no witnesses registered on the bill. Senator Fraser moved that
HB 637 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Eltife moved
that HB 637 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 2 absent. Senator Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 2941 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. Senator
Estes sent up a committee substitute; the chair recognized
Senator Estes to explain 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 2941
be left pending; without objection, it was so ordered. Senator
Eltife moved adoption of the committee substitute; without
objection, it was so ordered. Senator Eltife moved that HB 2941
do not pass but that CSHB 2941 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 2 absent. Senator Eltife moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 955 and recognized the Senate sponsor,
Senator Averitt, to explain the bill.
Senator Averitt sent up Committee Amendment 1, Committee
Amendment 2, and Committee Amendment 3 and explained the
amendments. Witnesses registering on the bill are shown on the
attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Fraser
moved that HB 955 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Averitt moved to adopt all three amendments; without objection,
it was so ordered. Senator Averitt requested unanimous consent
to roll the amendments into a committee substitute; without
objection, it was so ordered. Senator Averitt then moved that
the committee substitute be adopted; without objection, it was
so ordered. Senator Averitt moved that HB 955 do not pass but
that CSHB 955 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 3 absent.
The chair laid out HB 853 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Averitt sent up a
committee substitute; the chair recognized Senator Harris to
explain the difference between the committee substitute and the
bill as filed. Witnesses registering on the bill are shown on
the attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Fraser
moved that HB 853 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Lucio, Jr. moved adoption of the committee substitute; without
objection, it was so ordered. Senator Lucio, Jr. moved that HB
853 do not pass but that CSHB 853 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 2 absent. Senator Lucio, Jr. moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 1234 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Witnesses registering on
the bill are shown on the attached list. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Fraser moved that HB 1234 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio, Jr. moved that HB 1234 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 2 absent. Senator
Lucio, Jr. moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 2421 and recognized Senator Averitt, in
the absence of the Senate sponsor, to explain the bill. Senator
Averitt sent up Committee Amendment 1 and explained the
amendment. Witnesses testifying and registering on the bill are
shown on the attached list. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Fraser moved that HB 2421 be left pending; without
objection, it was so ordered.
The chair laid out HB 412 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. Senator
Estes sent up a committee substitute; the chair recognized
Senator Estes to explain 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that HB 412
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Van de Putte moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Van de Putte moved that HB 412 do not pass
but that CSHB 412 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 3 absent.
At 3:13 p.m. Chairman Fraser requested the roll to be called. A
quorum was present.
The Chairman read Motions in Writing requesting unanimous
consent to be shown voting aye submitted by the following:
Senator Averitt on HB 637, CSHB 853, HB 1234, HB 1572, HB 1892,
HB 2879, CSHB 2941, HB 3221, and HB 3428; Senator Armbrister on
CSHB 412, CSHB 955, HB 3428, HB 363, HB 1892, HB 2879, HB 3221,
HB 1891, CSHB 1890, HB 1572, CSHB 1399, HB 2437, HB 637, CSHB
2941, CSHB 698, CSHB 853, HB 1234, CSHB 1317, and CSHB 607.
Without objection, it was so ordered. These votes are reflected
in the final votes on the aforementioned bills.
The chair laid out HB 1317 and recognized Senator Van de Putte,
in the absence of the Senate sponsor, to explain the bill.
Senator Van de Putte sent up Committee Amendment 1 and explained
the amendment. Witnesses testifying and registering on the bill
are shown on the attached list. The chair moved that the public
testimony be closed; without objection, it was so ordered.
At 3:54 p.m. Senator Fraser moved that the committee stand at
ease; without objection, it was so ordered.
At 3:59 p.m. the committee came back to order.
Senator Fraser brought back up HB 1317. Senator Lucio, Jr.
moved adoption of Committee Amendment 1; without objection, it
was so ordered. Senator Lucio, Jr. requested unanimous consent
to roll the amendment into a committee substitute; without
objection, it was so ordered. Senator Lucio, Jr. then moved
that the committee substitute be adopted; without objection, it
was so ordered. Senator Lucio, Jr. moved that HB 1317 do not
pass but that CSHB 1317 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 3 absent.
The chair laid out HB 607, pending business, and recognized
Senator Lucio, Jr., in the absence of the Senate sponsor, to
explain the bill. Senator Lucio, Jr. sent up a committee
substitute; the chair recognized Senator Lucio, Jr. to explain
the difference between the committee substitute and the bill as
filed. Senator Lucio, Jr. moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Lucio, Jr. moved that HB 607 do not pass but that CSHB 607 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 3 absent.
The posting rule, Senate Rule 11.10 and 11.18, were suspended to
hear the following bills:
HB 363
HB 637
HB 853
HB 1234
HB 1399
HB 1572
HB 1892
HB 2421
HB 2437
HB 2879
HB 2941
HB 3221
HB 3428
There being no further business, at 4:07 p.m. Chairman Fraser
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
________________________________
Senator Troy Fraser, Chairman
________________________________
Tatum Baker, Clerk