MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, May 1, 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, May 1, 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 8:34 a.m. 

 

The chair laid out HB 365 and recognized the Senate sponsor, Senator Seliger, 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 365 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 365 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

 

 

The chair laid out HB 143 and recognized the Senate sponsor, 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 HB 143 be left pending to await a quorum; without objection, it was so ordered. 

Upon arrival of a quorum, Senator Watson moved that HB 143 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2708 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 Fraser moved that HB 2708 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 2708 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1070 and recognized the Senate sponsor, Senator Estes, 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 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 Fraser moved that HB 1070 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 then moved that HB 1070 do not pass but that CSHB 1070 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 Harris 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 1962 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 Harris moved that HB 1962 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out HB 944 and recognized the Senate sponsor, 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 Harris moved that HB 944 be left pending; without objection, it was so ordered. 

 

 

 

Senator Fraser resumed the chair. 

 

The chair laid out HB 2261 and recognized the Senate sponsor, Senator Jackson, to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the house bill as engrossed. 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 2261 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 HB 2261 do not pass but that CSHB 2261 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 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 1159 and recognized the author, Senator Jackson, to explain the bill. 

Senator Harris sent up a committee substitute; the chair recognized Senator Jackson 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. 

 

At 9:17 a.m. the roll was called.  A quorum was present.

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

Senator Fraser moved that SB 1159 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2727 and recognized the Senate sponsor, Senator Williams, 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 2727 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 HB 1962, pending in committee, awaiting a quorum, and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser moved that HB 1962 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. 

 

Senator Fraser resumed the chair. 

 

The chair laid out SB 1308 and recognized the author, Senator Wentworth, to explain the bill. 

Senator Harris sent up a committee substitute to SB 1308; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.  The chair also laid out HB 716 with SB 1308 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  Senator Averitt sent up a committee substitute to HB 716; the chair recognized Senator Averitt to explain the difference between the committee substitute and the house bill as engrossed.  Witnesses testifying and registering on both bills are shown on the attached list.  The chair moved that the public testimony be closed on SB 1308 and HB 716; without objection, it was so ordered. 

 

Senator Harris assumed the chair. 

 

Senator Fraser resumed the chair. 

 

Senator Fraser moved that SB 1308 be left pending; without objection, it was so ordered.  Senator Averitt moved adoption of the committee substitute to HB 716; without objection, it was so ordered.  Senator Averitt moved that HB 716 do not pass but that CSHB 716 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; there being an objection, the motion failed.    

 

The chair laid out SCR 60 and recognized the author, Senator Averitt, 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 Averitt moved that SCR 60 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 chair laid out SB 544 and recognized the author, Senator Wentworth, to explain the bill. 

Witnesses testifying and registering on the bill are shown on the attached list.  Senator Fraser moved that SB 544 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 Lucio on SCR 60 and CSHB 1070; Senator Van de Putte

on HB 143, HB 365, HB 1962, HB 2708, HB 2727, and CSHB 2261; Senator Estes on HB 143, HB 365, HB 1962, HB 2708, HB 2727, and CSHB 2261.  These votes are reflected in the final votes on the aforementioned bills.

 

At 11:00 a.m. Senator Fraser moved that the committee stand recessed until 15 minutes after the adjournment of the Senate; without objection, it was so ordered. 

 

At 6:02 p.m. the committee reconvened. 

 

The chair laid out SB 544, pending in committee, and recognized the author, Senator Wentworth, to explain the bill.  Witnesses continued with their testimony.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Fraser moved that SB 544 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1484 and recognized the author, Senator Lucio, Jr., 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 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 1484 do not pass but that CSSB 1484 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 508, pending committee from a previous hearing, and recognized the author, Senator Gallegos, Jr., to explain the bill.  Senator Watson moved to withdraw the committee substitute sent up at a previous hearing; without objection, it was so ordered. 

Senator Watson sent up a new proposed committee substitute; the chair recognized Senator Gallegos to explain the difference between the committee substitute and the senate bill as filed. 

Public testimony had been closed at a previous hearing.  However, a witness was called to serve as a resource witness, and is shown on the attached list.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.    Senator Lucio, Jr. moved that SB 508 do not pass but that CSSB 508 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. 

 

The chair laid out SB 1308 pending in committee.  Senator Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson moved that SB 1308 do not pass but that CSSB 1308 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, 2 nays, 0 present not voting, and 2 absent. 

 

Senator Watson assumed the chair. 

 

The chair laid out HB 944, pending in committee, and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser moved that HB 944 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 1741 and recognized the Senate sponsor, Senator Janek, 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 Janek moved that HB 1741 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 HB 1530 and recognized the Senate sponsor, 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 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 Eltife moved adoption of the committee substitute; without objection, it was so ordered.  Senator Eltife moved that HB 1530 do not pass but that CSHB 1530 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 1716 and recognized the Senate sponsor, Senator Van de Putte, 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 1716 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 1716 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 HB 73 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill.  Senator Van de Putte 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 Fraser moved that HB 73 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 Committee Amendment 1; without objection, the amendment was adopted.  Senator Van de Putte requested unanimous consent to roll the amendment 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 73 do not pass but that CSHB 73 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 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 1465 and recognized Senator Watson, in the absence of the author, 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 Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson moved that SB 1465 do not pass but that CSSB 1465 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. 

 

The Chairman read Motions in Writing requesting unanimous consent to be shown voting aye on submitted by the following:  Senator Harris on HB 944, HB 1741, CSHB 1530, and HB 1716; Senator Lucio on HB 1741, CSHB 1530, HB 1716, CSHB 73, and CSSB 1465; Senator Estes CSHB 1530, HB 1716, CSHB 73, and CSSB 1465.  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:

 

HB 2261

 

The posting rule, Senate Rule 11.18, was suspended so that the Senate Committee on Business and Commerce could meet at 8:30 a.m. instead of 9:00 a.m.

 

There being no further business, at 7:30 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