MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, March 27, 2007

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 27, 2007, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Chris Harris, Vice Chairman Senator Kevin Eltife Senator Craig Estes Senator Kyle Janek Senator Eddie Lucio, Jr. Senator Leticia Van de Putte Senator Kirk Watson		Senator Kip Averitt

 

*****

 

The chair called the meeting to order at 9:02 a.m. 

 

The chair laid out SB 1132 and recognized the author, Senator Carona, to explain the bill. Senator Watson sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate 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 SB 1132 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson then moved that SB 1132 do not pass but that CSSB 1132 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1152 and recognized the author, 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 Fraser moved that SB 1152 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Estes moved that SB 1152 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. 

 

The chair laid out SB 1153 and recognized the author, Senator Carona, 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 SB 1153 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that SB 1153 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. 

 

The chair laid out SB 1222 and recognized the author, Senator Carona, to explain the bill. 

Senator Estes sent up Committee Amendment 1.  Senator Carona was recognized to explain 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 SB 1222 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Janek moved adoption of Committee Amendment 1; without objection, it was so ordered.  Senator Janek requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Janek then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Janek moved that SB 1222 do not pass but that CSSB 1222 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. 

 

The roll was called at 9:36 a.m.  A quorum was present.

 

The chair laid out SB 515 and recognized the author, Senator Janek, 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 SB 515 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Janek moved that SB 515 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

 

 

 

The chair laid out SB 812 and recognized the author, Senator Janek, 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 SB 812 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Janek moved that SB 812 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The subcommittee report on SB 191 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 191.  Senator Fraser moved that the subcommittee report on SB 191 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Janek moved that SB 191 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The subcommittee report on SB 765 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 765.  Senator Fraser moved that the subcommittee report on SB 765 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved that SB 765 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 subcommittee report on SB 1264 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 1264.  Senator Fraser moved that the subcommittee report on SB 1264 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Janek moved that SB 1264 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1340 and recognized the author, Senator Estes, 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 SB 1340 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Estes moved that SB 1340 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. 

 

The chair laid out SB 952 and recognized the author, Senator Watson, 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 Watson moved that SB 952 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 949, pending in committee, and recognized Senator Watson, in the absence of the author, to explain the bill.  Senator Watson sent up a new committee substitute; the chair recognized Senator Watson to explain the difference between the new committee substitute and the senate bill as filed.  Senator Watson moved adoption of the new committee substitute; without objection, it was so ordered.  Senator Watson moved that SB 949 do not pass but that CSSB 949 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair read Motions in Writing requesting unanimous consent to be shown voting aye submitted by the following:  Senator Van de Putte on SB 515, SB 812, SB 952, and CSSB 1132; Senator Lucio on SB 191, SB 765, SB 1264, and CSSB 949.  Without objection, it was so ordered.  These votes are reflected in the final votes on the aforementioned bills.

 

The chair laid out SB 1287 and recognized the author, Senator Van de Putte, to explain the bill. 

 

At 10:28 a.m. Senator Estes assumed the chair. 

 

Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate 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. 

 

At 10:45 a.m. Senator Fraser resumed the chair. 

 

Senator Fraser moved that SB 1287 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 then moved that SB 1287 do not pass but that CSSB 1287 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 Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

 

 

The chair laid out SB 1253 and recognized Senator Estes, in the absence of the author, 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 senate 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 Estes moved adoption of the committee substitute; without objection, it was so ordered.  Senator Estes moved that SB 1253 do not pass but that CSSB 1253 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 Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair read a Motion in Writing requesting unanimous consent to be shown voting aye submitted by the following:  Senator Harris on SB 515, SB 812, SB 952, CSSB 1132, SB 1152, SB 1153, CSSB 1222, SB 1340, CSSB 949, SB 191, SB 765, SB 1264, CSSB 1287, and CSSB 1253.  Without objection, it was so ordered.  These votes are reflected in the final votes on the aforementioned bills.

 

There being no further business, at 10:54 a.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 Reagan, Clerk