MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Tuesday, April 14, 2009
9:00 a.m.
Betty King Committee Room
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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 14, 2009, in the Betty King Committee Room at Austin, Texas.
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MEMBERS PRESENT: |
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MEMBERS ABSENT: |
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Senator Troy Fraser, Chair Senator Kip Averitt Senator Kevin Eltife Senator Craig Estes Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte Senator Kirk Watson |
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Senator Chris Harris, Vice Chair |
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The chair called the meeting to order at 9:03 a.m. The following business was transacted:
The chair laid out SB 1492 and recognized the author, Senator Williams, to explain the bill.
Senator Fraser sent up a committee substitute; the chair recognized Senator Williams 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.
The roll was called at 9:37 a.m. A quorum was present.
Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB 1492 do not pass but that CSSB 1492 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 265 and recognized the author, Senator Hinojosa, to explain the bill.
Senator Fraser sent up a committee substitute; the chair recognized Senator Hinojosa 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 Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 265 do not pass but that CSSB 265 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 SB 1044 and recognized the author, Senator Gallegos, Jr., to explain the bill.
Senator Fraser sent up a committee substitute; the chair recognized Senator Gallegos, Jr. 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 Lucio moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio moved that SB 1044 do not pass but that CSSB 1044 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 685 and recognized the author, Senator Lucio, Jr., to explain the bill.
Senator Fraser 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 Lucio, Jr. moved that SB 685 be left pending; without objection, it was so ordered.
The chair laid out SB 2232 and recognized the author, Senator Averitt, to explain the bill.
Senator Averitt sent up a committee substitute; the chair recognized Senator Averitt 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 Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 2232 do not pass but that CSSB 2232 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 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 2341 and recognized the author, Senator Averitt, to explain the bill.
Senator Averitt sent up a committee substitute; the chair recognized Senator Averitt 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 Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 2341 do not pass but that CSSB 2341 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 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 472 and recognized the author, 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 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 Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that SB 472 do not pass but that CSSB 472 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 1181 and recognized the author, Senator Patrick, to explain the bill.
Senator Estes sent up a committee substitute; the chair recognized Senator Patrick 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 Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that SB 1181 do not pass but that CSSB 1181 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 1982 and recognized the author, Senator Patrick, to explain the bill.
Senator Estes sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed. Senator Fraser moved that SB 1982 be left pending; without objection, it was so ordered.
At 10:56 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 1:10 p.m. the committee reconvened.
The chair laid out SB 1982, pending business, and recognized the author, Senator Patrick, 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 SB 1982 be left pending; without objection, it was so ordered.
The chair laid out SB 2349 and recognized the author, Senator Ogden, 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 SB 2349 be left pending; without objection, it was so ordered.
The chair laid out SB 1596 and recognized the author, Senator Watson, 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 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 1596 do not pass but that CSSB 1596 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The chair recognized Senator Jackson to make a motion to reconsider the vote on SB 1044; without objection, it was so ordered. Senator Jackson was on the prevailing side. Senator Jackson then moved to reconsider the vote by which the committee substitute was adopted. Without objection, it was so ordered. Senator Jackson moved to pull down the substitute; without objection, it was so ordered. The chair laid out HB 2594, in lieu of SB 1044, and recognized Senator Jackson, in the absence of the Senate sponsor, to explain the bill. Senator Jackson sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the house bill as engrossed. Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. There were no witnesses testifying on HB 2594. Senator Jackson moved that HB 2594 do not pass but that CSHB 2594 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, 0 nay, 0 present not voting, and 4 absent. Senator Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 1335 and recognized Senator Watson, in the absence of the author, to explain the bill. Senator Watson and Senator Jackson 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 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 Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB 1335 do not pass but that CSSB 1335 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The Chairman read a Motion in writing requesting unanimous consent to be shown voting aye submitted by the following: Senator Van de Putte on CSSB 265, CSSB 1492, CSSB 2232, CSSB 2341, CSSB 472, CSSB 1181, CSSB 1596, and CSSB 1335. These votes are reflected in the final votes on the aforementioned bills.
There was no action taken on the following bill:
SB 1428
There being no further business, at 2:26 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, Chair
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Tatum Reagan, Clerk