MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 24, 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 24, 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 9:01 a.m.
The chair laid out SB 1729 and recognized the author, Senator Carona, to explain the bill. Senator Harris 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 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 1729 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 1729 do not pass but that CSSB 1729 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 1238 and recognized the author, Senator Ellis, to explain the bill. Senator Harris sent up a proposed 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 Fraser moved that SB 1238 be left pending; without objection, it was so ordered.
At 9:16 a.m. the roll was called. A quorum was present.
The chair laid out HB 863 and recognized the Senate sponsor, Senator Ellis, 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 863 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 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 899 and recognized the Senate sponsor, Senator Deuell, to explain the bill.
Senator Lucio, Jr. sent up Committee Amendment 1 and Senator Deuell was recognized to explain the amendment. Senator Lucio moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 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. 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 899 do not pass but that CSHB 899 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 62 and recognized the author, Senator Zaffirini, to explain the bill.
Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Zaffirini to explain the difference between the committee substitute and the senate bill as filed.
Senator Harris assumed the chair.
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 resumed the chair.
Senator Fraser moved that SB 62 be left pending; without objection, it was so ordered.
The chair laid out SB 1056 and recognized the author, Senator Wentworth, to explain the bill. Senator Harris sent up Committee Amendment 1 and Senator Wentworth 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 Eltife moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Eltife requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Eltife then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Eltife moved that SB 1056 do not pass but that CSSB 1056 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 HB 11 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 11 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.
Senator Harris assumed the chair.
The chair laid out HB 2007 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 2007 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 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 HB 85 and recognized the Senate sponsor, 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 house bill as engrossed.
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 HB 85 do not pass but that CSHB 85 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 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 HB 1344 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. Senator Van de Putte sent up Committee Amendment 1 and was recognized to explain the amendment. Senator Van de Putte 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 Van de Putte moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Van de Putte moved adoption of Committee Amendment 2;
without objection, the amendment was adopted. Senator Van de Putte requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.
Senator Van de Putte then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Van de Putte moved that HB 1344 do not pass but that CSHB 1344 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 1238, pending in committee, and recognized the author, Senator Ellis, to explain the bill. Senator Watson sent up a new proposed committee substitute (referenced in the hearing as the marked-up committee substitute); the chair recognized Senator Watson to explain the difference between the new proposed committee substitute (referenced in the hearing as the marked-up committee substitute) and the senate bill as filed. Senator Watson moved to withdraw the new proposed committee substitute (referenced in the hearing as the marked-up committee substitute); without objection, it was so ordered. Senator Watson sent up a new proposed committee substitute (referenced in the hearing as the printed committee substitute); the chair recognized Senator Ellis to explain the difference between the new proposed committee substitute (referenced in the hearing as the printed committee substitute) and the senate bill as filed. Senator Fraser moved to withdraw the new proposed committee substitute (referenced in the hearing as the printed substitute); without objection, it was so ordered. Senator Watson sent up the proposed committee substitute (referenced in the hearing as the marked-up committee substitute) again. Senator Watson moved adoption of the proposed committee substitute (referenced in the hearing as the marked-up committee substitute); without objection, it was so ordered. Senator Watson moved that SB 1238 do not pass but that CSSB 1238 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 1023. Senator Janek was recognized to explain the subcommittee report on SB 1023. Senator Janek sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the senate bill as filed. 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 adoption of the committee substitute; without objection, it was so ordered. Senator Janek moved that SB 1023 do not pass but that CSSB 1023 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 the subcommittee report on SB 1710. Senator Janek was recognized to explain the subcommittee report on CSSB 1710, adopted in subcommittee. Senator Hegar was recognized to answer members' questions regarding CSSB 1710. Senator Fraser moved that SB CSSB 1710 be left pending; 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 Harris on HB 863; Senator Watson on HB 2007; Senator Van de Putte on HB 863, CSHB 899, CSSB 1056, and HB 11; Senator Janek on HB 863, CSHB 899, and CSSB 1056; Senator Lucio on CSSB 1056, CSSB 1729, HB 11, HB 2007, CSHB 85, CSHB 1344, CSSB 1238, and CSSB 1023. These votes are reflected in the final votes on the aforementioned bills.
The chair laid out SB 1432 and recognized the author, Senator Van de Putte, to explain the bill.
Senator Harris assumed the chair.
Senator Van de Putte sent up a proposed committee substitute; the chair recognized Senator Van de Putte to explain the difference between the proposed committee substitute and the senate bill as filed. Senator Van de Putte sent up Committee Amendment 1 to the proposed committee substitute, 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 Harris moved that SB 1432 be left pending; without objection, it was so ordered.
There being no further business, at 10:59 a.m. Senator Harris 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