MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 17, 2007
9:00 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 17, 2007, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas.
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MEMBERS PRESENT: |
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MEMBERS ABSENT: |
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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 |
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Senator Kip Averitt
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The chair called the meeting to order at 9:00 a.m.
The chair laid out SB 1365 and recognized the author, Senator Williams, to explain the bill.
Senator Watson sent up a committee substitute; the chair recognized Senator Williams 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 1365 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum,
Senator Harris moved adoption of the committee substitute. Without objection, it was so ordered. Senator Harris moved that SB 1365 do not pass but that CSSB 1365 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 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 753, SB 856, SB 857, and SB 858 together, and recognized the author, Senator Shapleigh, to explain the bills.
At 9:08 a.m. the roll was called, and quorum was present.
Senator Lucio, Jr. sent up a committee substitute to SB 753; the chair recognized Senator Shapleigh to explain the difference between the committee substitute and the senate bill as filed.
At 9:29 a.m. Senator Harris assumed the chair.
At 9:45 a.m. Senator Fraser resumed the chair.
At 10:15 a.m. Senator Harris assumed the chair.
At 10:43 a.m. Senator Fraser resumed the chair.
Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony be closed on SB 753, SB 856, SB 857, and SB 858. Without objection, it was so ordered. Senator Fraser moved that SB 753, SB 856, SB 857, and SB 858 be left pending; without objection, it was so ordered.
At 10:54 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 2:22 p.m. the committee reconvened.
The chair laid out SB 1009 and recognized the author, Senator Zaffirini, to explain the bill.
Senator Janek sent up a committee substitute; the chair recognized Senator Zaffirini 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.
The roll was called to confirm a quorum. A quorum was present.
Senator Van de Putte moved adoption of the committee substitute; without objection, it was so ordered. Senator Van de Putte moved that SB 1009 do not pass but that CSSB 1009 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 chair laid out the subcommittee report on SB 1523. Senator Janek was recognized to explain the subcommittee report on CSSB 1523, adopted in subcommittee. Senator Fraser moved that CSSB 1523 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Janek moved that CSSB 1523 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The chair laid out the subcommittee report on SB 1736. Senator Janek was recognized to explain the subcommittee report on CSSB 1736, adopted in subcommittee. Senator Fraser moved that CSSB 1736 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Janek moved that CSSB 1736 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 the subcommittee report on SB 637. Senator Janek was recognized to explain
the subcommittee report on CSSB 637, adopted in subcommittee. Senator Fraser stated that public testimony would not be reopened considering it had already been heard in subcommittee. However, a witness registered on the bill, and is shown on the attached list. Senator Fraser moved that CSSB 637 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Van de Putte moved that CSSB 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 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.
The chair laid out the subcommittee report on 486. Senator Janek was recognized to explain the subcommittee report on CSSB 486, adopted in subcommittee. Senator Janek sent up a new substitute in lieu of the adopted subcommittee report and explained the new substitute. Senator Fraser moved that SB 486 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Janek moved adoption of the new committee substitute. Without objection, it was so ordered. Senator Janek moved that SB 486 do not pass but that CSSB 486 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 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 338 and recognized the author, Senator Van de Putte, to explain the bill.
Senator Van de Putte sent up a proposed 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. Sen Van de Putte moved to withdraw the proposed committee substitute; without objection, it was so ordered. Senator Van de Putte then sent up a new proposed committee substitute. Senator Van de Putte
was recognized to explain the new proposed committee substitute. Senator Fraser moved that SB 338 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 new proposed committee substitute; without objection, it was so ordered. Senator Van de Putte moved that SB 338 do not pass but that CSSB 338 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 chair laid out SB 1619 and recognized the author, 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 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 1619 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 then moved that SB 1619 do not pass but that CSSB 1619 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 SB 1471 and recognized the author, Senator Eltife, to explain the bill.
Senator Eltife sent up a committee substitute; the chair recognized Senator Eltife 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 Fraser moved that SB 1471 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered. Senator Eltife moved that SB 1471 do not pass but that CSSB 1471 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 508 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill. Senator Lucio, Jr. sent up Committee Amendment 1 and explained the amendment. Senator Lucio, Jr. sent up Committee Amendment 2 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 Lucio moved adoption of Committee Amendment 1; without objection, it was so ordered. Senator Lucio moved adoption of Committee Amendment 2; without objection, it was so ordered. Senator Lucio, Jr. requested unanimous consent to roll the amendments 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 Fraser moved that CSSB 508 be left pending; without objection, it was so ordered.
The chair laid out SB 828, pending in committee, and recognized the author, Senator West, to explain the bill. Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed. The witness testifying on SB 828 was called to serve as a resource witness on the bill. Public testimony had been closed at a previous hearing. Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 828 do not pass but that CSSB 828 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 SB 1431 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 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 1431 be left pending; without objection, it was so ordered.
The chair laid out SB 1215 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill. Senator Lucio, Jr. 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 SB 1215 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 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 SB 1215 do not pass but that CSSB 1215 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 SB 1217 and recognized Senator Lucio, Jr., in the absence of the author, 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 1217 be left pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 1217 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 SB 1229 and recognized Senator Lucio, Jr., in the absence of the author, 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 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 Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 1229 do not pass but that CSSB 1229 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 Chairman read Motions in Writing requesting unanimous consent to be shown voting aye on submitted by the following: Senator Janek on CSSB 828, CSSB 1215, SB 1217, and CSSB 1229; Senator Lucio on CSSB 1009; Senator Eltife on CSSB 1009; Senator Estes on CSSB 1009, CSSB 338, CSSB 1471, CSSB 1619, CSSB 637, CSSB 1736, CSSB 486, and CSSB 1365. These votes are reflected in the final votes on the aforementioned bills.
The posting rule, Senate Rule 11.18, was suspended to hear the following bill:
SB 753
The posting rule, Senate Rule 11.18, was suspended to hear the following subcommittee reports:
CSSB 486
CSSB 637
CSSB 1523
CSSB 1736
There was no action taken for the following bill:
SB 223
There being no further business, at 5:06 p.m. Senator Fraser moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered.
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Senator Troy Fraser, Chairman
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Tatum Reagan, Clerk