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MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, May 8, 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 8, 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 Kevin Eltife

Senator Craig Estes

Senator Kyle Janek

Senator Eddie Lucio, Jr.

Senator Leticia Van de Putte

Senator Kirk Watson

 

Senator Kip Averitt

 

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Senator Harris, acting as the chair, called the meeting to order at 8:31 a.m. 

 

At 8:33 a.m. Senator Fraser assumed the chair. 

 

The chair laid out HB 2251 and recognized the Senate sponsor, Senator Duncan, to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Duncan 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 2251 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 2251 do not pass but that CSHB 2251 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 HB 54 and recognized the Senate sponsor, Senator Deuell, 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. 

 

The roll was called at 8:52 a.m.  A quorum was present.

 

Senator Harris moved that HB 54 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 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 2348 and recognized the Senate sponsor, Senator Ellis, 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 2348 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1667 and recognized the Senate sponsor, Senator Brimer, 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 to reconsider the vote; without objection, it was so ordered.  The motion was made to reconsider the vote on the bill as passed.  Senator Fraser moved that HB 1667 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2144 and recognized the Senate sponsor, Senator Williams, to explain the bill.  Senator Estes sent up a committee substitute; the chair recognized Senator Williams 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 Estes moved adoption of the committee substitute; without objection, it was so ordered.  Senator Estes moved that HB 2144 do not pass but that CSHB 2144 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 Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2120 and recognized the Senate sponsor, Senator Williams, to explain the bill.  Senator Estes sent up a committee substitute; the chair recognized Senator Williams 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 2120 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2350 and recognized the Senate sponsor, Senator Patrick, to explain the bill.  Witnesses testifying and registering on the bill are shown on the attached list. 

 

Senator Watson assumed the chair.   

 

The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Watson moved that HB 2350 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1038 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 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 1038 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2393 and recognized the Senate sponsor, 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 Watson moved that HB 2393 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1248 and recognized Senator Janek, in the absence of the Senate sponsor, 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 Watson moved that HB 1248 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1365 and recognized Senator Janek, in the absence of the Senate sponsor, to explain the bill.  There were no witness registering on the bill.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Watson moved that HB 1365 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3074 and recognized Senator Janek, in the absence of the Senate sponsor, 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 HB 3074 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1322 and recognized Senator Janek, in the absence of the author, to explain the bill.  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.  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 1322 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1871 and recognized Senator Janek, in the absence of the Senate sponsor, 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 HB 1871 be left pending; without objection, it was so ordered. 

 

At 10:54 a.m. Senator Watson moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 3:35 p.m. the committee reconvened.  Senator Fraser resumed the chair. 

 

The chair laid out HB 3446 and recognized the Senate sponsor, Senator Eltife, to explain the bill. 

Senator Harris 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 3446 be left pending; without objection, it was so ordered. 

 

Senator Harris assumed the chair. 

 

The chair laid out HB 1038 and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser sent up a committee substitute; the chair recognized Senator Fraser 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.  Senator Harris made a motion to limit testimony to 3 minutes; without objection, it was so ordered.

 

Senator Watson assumed the chair. 

 

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

Senator Watson moved that HB 1038 be left pending; without objection, it was so ordered.

 

Senator Fraser resumed the chair.   

 

The chair laid out SB 1038 pending in committee.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 1038 do not pass but that CSSB 1038 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 HB 1248 pending in committee.  Senator Watson moved that HB 1248 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 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 1365 pending in committee.  Senator Lucio, Jr. moved that HB 1365 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. 

 

Senator Watson assumed the chair. 

 

The chair laid out HB 1871 pending in committee.  Senator Fraser moved that HB 1871 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 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 HB 2350 pending in committee.  Senator Estes moved that HB 2350 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 HB 2393 pending in committee.  Senator Janek moved that HB 2393 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 2348 pending in committee.  Senator Watson moved that HB 2348 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 HB 3074 pending in committee.  Senator Lucio, Jr. moved that HB 3074 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, 1 nay, 0 present not voting, and 1 absent. 

 

The chair laid out HB 3446 pending in committee.  Senator Fraser moved to withdraw Committee Amendment 1; without objection, it was so ordered.  Senator Eltife moved that HB 3446 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 Chairman read Motions in Writing requesting unanimous consent to be shown voting aye on submitted by the following: Senator Lucio on CSHB 2144 and CSHB 2251; Senator Janek on HB 54, CSHB 2144, CSHB 2251, CSSB 1038, and HB 1248; Senator Van de Putte on HB 54, CSHB 2251, CSSB 1038, HB 1248, HB 1365, HB 1871, HB 2393, HB 2348, and HB 3446;  Senator Harris on HB 2350, HB 2393, HB 2348, HB 3074, and HB 3446.  The Chairman read a Motion in Writing requesting unanimous consent to be shown voting nay on submitted by the following:  Senator Van de Putte on HB 3074.  These votes are reflected in the final votes on the aforementioned bills.

 

There being no further business, at 4:47 p.m. Senator Fraser moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

_____________________________

Senator Troy Fraser, Chairman

 

 

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Tatum Reagan, Clerk