MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, April 3, 2007

8:30 a.m.

Betty King Committee Hearing Room, 2E.20

 

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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, April 3, 2007, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Troy Fraser, Chairman Senator Chris Harris, Vice Chairman Senator Kip Averitt Senator Kevin Eltife Senator Craig Estes Senator Kyle Janek Senator Eddie Lucio, Jr. Senator Leticia Van de Putte Senator Kirk Watson		None

 

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The chair called the meeting to order at 8:30 a.m. 

 

The chair laid out SB 46 and recognized the author, Senator Nelson, to explain the bill. 

Senator Lucio, Jr. sent up a proposed committee substitute; the chair recognized Senator Nelson 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 Lucio moved to withdraw the proposed committee substitute to SB 46.  Without objection, it was so ordered. Senator Fraser moved that SB 46 be left pending; without objection, it was so ordered. 

 

The roll was called at 8:55 a.m.  A quorum was present.

 

The chair laid out SB 194 and recognized the author, Senator Jackson, 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 SB 194 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 SB 607 and recognized the author, Senator Ellis, to explain the bill. 

Senator Harris sent up a committee substitute; the chair recognized Senator Ellis 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 Harris moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris moved that SB 607 do not pass but that CSSB 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 8 ayes, 0 nay, 1 present not voting, and 0 absent.  Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 645 and recognized the author, Senator Ellis, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Ellis 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 Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 645 do not pass but that CSSB 645 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 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 SB 1426 and recognized the author, Senator Averitt, to explain the bill. 

Senator Averitt sent up Committee Amendment 1 and explained the amendment. 

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 Averitt moved adoption of Committee Amendment 1.  Without objection, it was so ordered.  Senator Averitt then 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 SB 1426 do not pass but that CSSB 1426 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

The chair laid out SB 1257 and recognized the author, Senator Averitt, to explain the bill.  There were no witnesses registered on the bill.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Averitt moved that SB 1257 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 subcommittee report on SB 1089 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 1089.  Senator Janek moved that SB 1089 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 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 1105 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on CSSB 1105, adopted in subcommittee.  Senator Fraser stated that public testimony would not be reopened considering it had already been heard in subcommittee.  However, witnesses registering on the bill are shown on the attached list.  Senator Janek moved that SB 1105 do not pass but that CSSB 1105 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 subcommittee report on SB 1424 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 1424.  Senator Fraser stated that public testimony would not be reopened considering it had already been heard in subcommittee.  However, witnesses registering on the bill are shown on the attached list.  Senator Janek moved that SB 1424 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 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 1425 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 1425.  Senator Janek moved that SB 1425 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 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 1809 was laid out by the Chairman.  Senator Janek was recognized to explain the subcommittee report on SB 1809.  Senator Janek moved that SB 1809 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

Senator Harris assumed the chair.  

The chair laid out SB 1542 and recognized the author, 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 SB 1542 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1540 and recognized the author, Senator Fraser, 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 1540 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1541 and recognized the author, Senator Fraser, 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 1541 be left pending to await a quorum; without objection, it was so ordered.

 

Senator Fraser resumed the chair. 

 

The chair laid out SB 996 and recognized the author, Senator Watson, to explain the bill.  Senator Watson sent up a committee substitute; the chair recognized Senator Watson 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 996 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 142 and recognized Senator Watson, in the absence of the author, 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 142 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Van de Putte moved that SB 142 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 Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Watson assumed the chair. 

 

The chair laid out SB 1542, pending in committee awaiting a quorum.  Upon arrival of a quorum, Senator Fraser moved that SB 1542 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. 

 

The chair laid out SB 1540, pending in committee awaiting a quorum.  Upon arrival of a quorum, Senator Fraser moved that SB 1540 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. 

 

The chair laid out SB 1541, pending in committee awaiting a quorum.  Upon arrival of a quorum, Senator Fraser moved that SB 1541 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 Fraser resumed the chair. 

 

The chair laid out SB 1389 and recognized the author, Senator Van de Putte, to explain the bill.  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 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 adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 1389 do not pass but that CSSB 1389 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 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 224 and recognized the author, Senator Ellis, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Ellis 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 Van de Putte moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 224 do not pass but that CSSB 224 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 Chairman read Motions in Writing requesting unanimous consent to be shown voting aye on submitted by the following: Senator Estes on SB 1424, SB 1540, SB 1541, SB 1542, CSSB 1389, and SB 142; Senator Van de Putte on SB 194, CSSB 607, CSSB 645, SB 1257, CSSB 1426, SB 1089, CSSB 1105, SB 1424, SB 1425, and SB 1809; Senator Harris on SB 1540, SB 1541, SB 1542, CSSB 1389, and SB 142; Senator Lucio on SB 1540, SB 1541, SB 1542, CSSB 1389, and SB 142; Senator Watson on CSSB 1426, SB 1257, SB 1089, and CSSB 1105; Senator Janek on SB 1541, SB 1540, CSSB 607, SB 194, SB 1542, CSSB 1389, and SB 142.  These votes are reflected in the final votes on the aforementioned bills.

 

 

At 10:59 a.m. Senator Fraser moved that the committee stand recessed 10 minutes until after adjournment of the Senate; without objection, it was so ordered

 

At 2:57 p.m. the committee reconvened.   

 

The chair laid out SB 828 and recognized the author, Senator West, 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 828 be left pending; without objection, it was so ordered.

 

The chair laid out SB 46, pending in committee, and explained the bill in the absence of the author.  Senator Harris sent up a new proposed committee substitute; the chair explain the difference between the new proposed committee substitute and the senate bill as filed.  Senator Harris moved adoption of the new proposed committee substitute; without objection, it was so ordered.  Senator Harris moved that SB 46 do not pass but that CSSB 46 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 4 absent.  Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

There was no action taken for the following bills:

 

SB 856

SB 857

SB 858

 

There was no action taken for the following subcommittee report:

 

SB 1468

 

There being no further business, at 4:09 p.m., Chairman Fraser moved that the Committee stand recessed subject to the call of the chairman.  Without objection, it was so ordered.

 

 

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Senator Troy Fraser, Chairman

 

 

 

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Tatum Reagan, Clerk