MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, April 21, 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 21, 2009, in the Betty King Committee Room at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Troy Fraser, Chair Senator Kevin Eltife Senator Craig Estes Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte Senator Kirk Watson		Senator Chris Harris, Vice Chair Senator Kip Averitt

 

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The chair called the meeting to order at 9:04 a.m.  The following business was transacted:

 

The chair laid out HB 2104 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 2104 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved that HB 2104 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 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 2310 and recognized the Senate sponsor, Senator Williams, to explain the bill.  Senator Eltife 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 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 2310 be left pending to await a quorum; without objection, it was so ordered.   Upon arrival of a quorum, Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered.  Senator Eltife then moved that SB 2310 do not pass but that CSSB 2310 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 chair laid out SB 1137 and recognized the author, Senator Jackson, 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 Jackson moved that SB 1137 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2233 and recognized the author, 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 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 Fraser moved that SB 2233 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife sent up Committee Amendment 1.  The chair recognized Senator Eltife to explain the amendment.  Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered.  Senator Eltife then moved adoption of Committee Amendment 1; without objection, it was so ordered.  Senator Eltife  requested unanimous consent to roll the amendment and the committee substitute into a new committee substitute; without objection, it was so ordered.  Senator Eltife then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Eltife moved that SB 2233 do not pass but that CSSB 2233 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 1678 and recognized the author, Senator Hinojosa, to explain the bill. 

Senator Watson 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 Fraser moved that SB 1678 be left pending; without objection, it was so ordered. 

 

Senator Watson assumed the chair. 

 

The chair laid out SB 1772 and recognized the author, 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 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 1772 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Fraser moved that SB 1772 do not pass but that CSSB 1772 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 1913 and recognized the author, 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 senate bill as filed.  Witnesses testifying and registering on the bill are shown on the attached list. 

 

Senator Jackson assumed the chair. 

 

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

Senator Jackson moved that SB 1913 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson assumed the chair.  Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered.  Senator Fraser moved that SB 1913 do not pass but that CSSB 1913 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. 

 

At 10:52 a.m. Senator Fraser moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. 

 

At 3:04 p.m. the committee reconvened. 

 

The chair laid out HB 2238 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 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 2238 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered.

Senator Eltife moved that HB 2238 do not pass but that CSHB 2238 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 chair laid out SB 1641 and recognized Senator Eltife, in the absence of the author, 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 SB 1641 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved that SB 1641 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 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 1382 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 Fraser moved that HB 1382 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered.  Senator Eltife moved that HB 1382 do not pass but that CSHB 1382 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 chair laid out SB 693 and recognized Senator Eltife, in the absence of the author, 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 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 Fraser moved that SB 693 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 693 do not pass but that CSSB 693 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. 

 

Senator Eltife assumed the chair. 

 

The chair laid out HB 1484 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 Eltife moved that HB 1484 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson assumed the chair.  Senator Fraser moved that HB 1484 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 Eltife assumed the chair.

The chair laid out HB 1974 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 Eltife moved that HB 1974 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson assumed the chair. Senator Fraser moved that HB 1974 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 out SB 681 and recognized Senator Eltife, in the absence of the author, 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 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 Fraser moved that SB 681 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered.  Senator Eltife moved that SB 681 do not pass but that CSSB 681 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 as a matter of pending business SB 2349 and recognized the author, Senator Ogden, to explain the bill.  Senator Watson sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the senate bill as filed.  Senator Fraser moved to reopen public testimony; without objection, it was so ordered. 

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 3:39 p.m.  A quorum was present.

 

Senator Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson moved that SB 2349 do not pass but that CSSB 2349 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 as a matter of pending business SB 1244 and recognized Senator Watson, in the absence of the author, to explain the bill.  Senator Watson moved to withdraw the committee substitute sent up a previous hearing.  Without objection, it was so ordered.  Senator Watson moved that SB 1244 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 as a matter of pending business SB 1245 and recognized Senator Watson, in the absence of the author, to explain the bill.  Senator Watson moved that SB 1245 be reported favorably 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 laid out as a matter of pending business SB 1982 and recognized Senator Eltife, in the absence of the author, to explain the bill.  Senator Eltife moved adoption of the committee substitute that had been sent up at a previous hearing.  Without objection, it was so ordered. 

Senator Eltife moved that SB 1982 do not pass but that CSSB 1982 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 chair laid out as a matter of pending business SB 541 and recognized the author, Senator Watson, to explain the bill.  Senator Watson moved adoption of the committee substitute that had been sent up at a previous hearing.  Without objection, it was so ordered.  Senator Watson moved that SB 541 do not pass but that CSSB 541 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. 

 

The Chairman read Motions in writing requesting unanimous consent to be shown voting aye submitted by the following:  Senator Estes on CSSB 681, CSSB 693, SB 1641, CSSB 1772, CSSB 1913, CSSB 2233, CSHB 1382, HB 1484, HB 1974, HB 2104, CSHB 2238, CSHB 2310, SB 1244, and CSSB 1982; Senator Jackson on HB 2104, CSHB 2310, CSSB 2233, CSSB 1772, CSSB 1913, CSHB 2238, SB 1641, CSHB 1382, CSSB 693, HB 1484, HB 1974, CSSB 681, CSSB 2349, and SB 1245.  These votes are reflected in the final votes on the aforementioned bills.

 

There being no further business, at 4:09 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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