MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Thursday, May 10, 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 Thursday, May 10, 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 Craig Estes

Senator Kyle Janek

Senator Eddie Lucio, Jr.

Senator Leticia Van de Putte

Senator Kirk Watson

 

Senator Kip Averitt

Senator Kevin Eltife

 

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The chair called the meeting to order at 9:00 a.m. 

 

The chair laid out HB 1316 and explained the bill in the absence of the Senate sponsor.  Senator Fraser sent up a committee substitute; the chair explained 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 1316 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 1316 do not pass but that CSHB 1316 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 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 1029 and explained the bill in the absence of the Senate sponsor.  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 1029 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 1029 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 1159, pending in committee, 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.  Public testimony had been closed at a previous hearing.  However, a witness registered on the bill is shown on the attached list.  Senator Fraser moved that SB 1159 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 committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 1159 do not pass but that CSSB 1159 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 HB 2625 and recognized the Senate sponsor, Senator Hegar, 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 9:24 a.m. A quorum was present.

 

Senator Estes moved that HB 2625 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 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 2994 and recognized the Senate sponsor, Senator Hegar, to explain the bill.  Senator Estes sent up a committee substitute; the chair recognized Senator Heger 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 Estes moved adoption of the committee substitute; without objection, it was so ordered.   Senator Estes moved that HB 2994 do not pass but that CSHB 2994 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.  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 463 and recognized the Senate sponsor, Senator Carona, to explain the bill.  Senator Lucio, Jr. sent up a proposed committee substitute; the chair recognized Senator Carona 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 Harris moved to withdraw the proposed committee substitute; without objection, it was so ordered.  Senator Harris sent up a new proposed committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the house bill as engrossed.   Senator Harris moved adoption of the new proposed committee substitute; without objection, it was so ordered.  Senator Harris moved that HB 463 do not pass but that CSHB 463 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 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 271 and recognized the Senate sponsor, Senator Lucio, Jr., 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 Lucio, Jr. moved that HB 271 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. 

 

The chair laid out HB 1460 and recognized the Senate sponsor, Senator Harris, to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Harris 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 Lucio, Jr. sent up Committee Amendment 1 and explained the amendment.  Senator Fraser moved that HB 1460 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 Harris moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered.  Senator Harris then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Harris moved that HB 1460 do not pass but that CSHB 1460 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 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 2754 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 2754 be left pending; without objection, it was so ordered.   

 

The chair laid out HB 1667, pending in committee, and recognized Senator Lucio, Jr., in the absence of the Senate sponsor, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Lucio to explain the difference between the committee substitute and the house bill as engrossed.  Public testimony had been closed at previous hearing.  However, a resource witness was called to testify and is shown on the attached list.

 

Senator Fraser moved that the committee stand at ease for 5 minutes at 10:46 a.m.  Without objection, it was so ordered.

 

At 10:56 a.m. the committee reconvened. 

 

The chair laid out HB 1667, pending in committee, Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 1667 do not pass but that CSHB 1667 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. 

 

Senator Harris assumed the chair. 

 

The chair laid out HB 2754, pending in committee, and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser moved that HB 2754 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 Chairman read Motions in Writing requesting unanimous consent to be shown voting aye on submitted by the following: Senator Watson on HB 271, CSHB 1460, HB 2754, and  CSHB 1667; Senator Janek on HB 2625, CSHB 2994, HB 1029, CSHB 1316, CSHB 463, and HB 271; Senator Lucio on HB 2625.  These votes are reflected in the final votes on the aforementioned bills.

 

There being no further business, at 11:03 a.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