MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, May 15, 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, May 15, 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 Kip Averitt 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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None |
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The chair called the meeting to order at 9:01 a.m.
The chair laid out HJR 72 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 HJR 72 be left pending; without objection, it was so ordered.
The chair laid out HB 177 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 177 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Eltife moved that HB 177 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 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 2471 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. Senator Fraser moved that HB 2471 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that HB 2471 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.
The chair laid out HB 2724 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 2724 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Watson moved that HB 2724 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 3123 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 3123 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Watson moved that HB 3123 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 3385 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Watson 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.
The roll was called at 9:32 a.m. A quorum was present.
Senator Harris moved adoption of the committee substitute; without objection, it was so ordered.
Senator Watson moved that HB 3385 do not pass but that CSHB 3385 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 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 2060 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 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 2060 do not pass but that CSHB 2060 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 Estes 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 1737 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 1737 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 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 2551 and recognized the Senate sponsor, Senator Harris, 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 2551 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.
Senator Harris assumed the chair.
The chair laid out HB 2569 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 2569 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.
The chair laid out HB 1541 and recognized Senator Estes, in the absence of the Senate sponsor, to explain the bill. Senator Estes 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 HB 1541 be left pending; without objection, it was so ordered.
The chair laid out the subcommittee report on HB 1188. Senator Janek was recognized to explain the subcommittee report on HB 1188. Senator Janek moved that HB 1188 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.
The chair laid out the subcommittee report on HB 2092. Senator Janek was recognized to explain the subcommittee report on HB 2092. Senator Janek moved that HB 2092 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.
The chair laid out the subcommittee report on HB 2308. Senator Janek was recognized to explain the subcommittee report on HB 2308. Senator Harris moved that public testimony be reopened at the next hearing; without objection, it was so ordered. Public testimony had been previously closed at the subcommittee hearing. Senator Fraser moved that HB 2308 be left pending; without objection, it was so ordered.
Senator Watson resumed the chair.
The chair laid out HB 1293 and recognized the Senate sponsor, Senator Lucio, Jr., 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 1293 be left pending; without objection, it was so ordered.
The chair laid out HB 1734 and recognized the Senate sponsor, Senator Lucio, Jr., 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 1734 be left pending; without objection, it was so ordered.
The chair laid out HB 2106 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, Jr. 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 Lucio, Jr. assumed the chair.
The chair moved that the public testimony be closed; without objection, it was so ordered.
Senator Lucio, Jr. moved that HB 2106 be left pending; without objection, it was so ordered.
At 10:20 a.m. Senator Lucio, Jr. moved that the committee stand recessed until 10 minutes after adjournment of the Senate; without objection, it was so ordered.
At 2:58 p.m. the committee reconvened.
Senator Fraser resumed the chair.
The chair laid out HB 3440 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the subcommittee report. Senator Fraser moved that HB 3440 be left pending; without objection, it was so ordered.
Senator Watson assumed the chair.
The chair laid out SB 1551 and recognized Senator Fraser, in the absence of the author, 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 bill as filed.
The chair laid out HB 2960 with SB 1551 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 both bills are shown on the attached list. The chair moved that the public testimony be closed on HB 2960 and SB 1551; without objection, it was so ordered. Senator Watson moved that SB 1551 and HB 2960 be left pending; without objection, it was so ordered.
Senator Fraser resumed the chair.
At 3:44 p.m. Senator Fraser moved that committee stand at ease for 3 minutes; without objection, it was so ordered.
At 3:47 p.m. the committee came back to order.
The roll was called to reestablish a quorum. A quorum was present.
Senator Watson assumed the chair.
The chair laid out HB 2960, pending in committee, and recognized the Senate sponsor, Senator Fraser, to explain the bill. Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered. Senator Fraser moved that HB 2960 do not pass but that CSHB 2960 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 Fraser resumed the chair.
The chair laid out HB 1293 pending in committee. Senator Watson moved that HB 1293 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.
The chair laid out HB 1541 pending in committee. 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 1541 do not pass but that CSHB 1541 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 1734 pending in committee. Senator Watson moved that HB 1734 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 2106 pending in committee. Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that HB 2106 do not pass but that CSHB 2106 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 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 3440, subcommittee report, pending in committee. 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. Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that HB 3440 do not pass but that CSHB 3440 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 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 2118 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 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 2118 do not pass but that CSHB 2118 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 2120, pending in committee from a previous hearing, and recognized Senator Eltife, in the absence of the Senate sponsor, 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 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 2120 do not pass but that CSHB 2120 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 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 Averitt on HB 177, HB 2471, HB 2724, HB 3123, CSHB 3385, CSHB 2060, HB 1737, HB 2551, HB 2569, HB 1188, and HB 2092; Senator Janek on HB 177, CSHB 1541, HB 1737, HB 2471, HB 2551, HB 2569, HB 2724, HB 3123, CSHB 3385, HB 1293, HB 1734, CSHB 2106, CSHB 3440, CSHB 2118, CSHB 2960, and CSHB 2120; Senator Lucio on HB 177, HB 1737, CSHB 2060, CSHB 2471, HB 2551, HB 2569, HB 2724, HB 3123, CSHB 3385, HB 1293, HB 1734, CSHB 1541, CSHB 2106, CSHB 3440, and CSHB 2118; Senator Van de Putte on HB 177, HB 1737, CSHB 2060, HB 2471, HB 3123, HB 2551, HB 1188, and HB 2092. 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 bills:
HB 1188
HB 2118
HB 2308
HB 2092
HB 3385
HB 3440
HB 2724
There was no action taken for the following bill:
HB 1567
There being no further business, at 4:02 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