MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, May 5, 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, May 5, 2009, in the Betty King Committee Room at Austin, Texas.

 

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

 

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The chair called the meeting to order at 9:02 a.m.  The following business was transacted:

 

The chair laid out HB 1411 and recognized the Senate sponsor, Senator Carona, 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 1411 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 1411 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 1758 and recognized the Senate sponsor, Senator Carona, 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 1758 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 1758 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 2560 and recognized Senator Watson, 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 Fraser moved that HB 2560 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 2560 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 SB 2558 and recognized the author, Senator Gallegos, Jr., to explain the bill. 

Senator Watson 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 Fraser moved that SB 2558 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1704 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. 

 

The roll was called at 9:24 a.m.  A quorum was present.

 

Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. 

Senator Estes moved that SB 1704 do not pass but that CSSB 1704 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 HB 2249 and recognized the Senate sponsor, Senator Williams, 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 HB 2249 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 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 2127 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 Fraser moved that SB 2127 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 652 and recognized the Senate sponsor, Senator Eltife, 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 652 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 2569 and recognized the Senate sponsor, Senator Eltife, 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 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 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 1505 and recognized Senator Jackson, in the absence of the Senate sponsor, to explain the bill.  There were no witnesses registered on the bill.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Jackson moved that HB 1505 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 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 2565 and recognized Senator Eltife, in the absence of the author, 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 Eltife moved that SB 2565 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 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 3413 and recognized Senator Eltife, 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 Eltife moved that HB 3413 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. 

 

Senator Estes assumed the chair. 

 

The chair laid out HB 523 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 523 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. 

 

At 9:53 a.m. Senator Fraser moved that the committee stand at ease for five minutes.  Without objection, it was so ordered.

 

At 10:02 a.m. the committee came back to order.

 

The Chairman read a Motion in writing requesting unanimous consent to be shown voting aye  submitted by the following:  Senator Lucio on CSSB 1704, HB 523, HB 652, HB 1411, HB 1505, HB 1758, HB 2249, HB 2560, HB 2569, and HB 3413.  These votes are reflected in the final votes on the aforementioned bills.

 

At 10:03 a.m. Senator Fraser moved that the Committee stand recessed until call of the chair; without objection, it was so ordered. 

 

At 2:38 p.m. the committee reconvened. 

 

The chair laid out SB 242, SB 243, SB 244, SB 248, and SB 2131 together and recognized the author, Senator Shapleigh, to explain SB 242, SB 243, SB 244, and SB 248.  The chair recognized the author, Senator Davis to explain SB 2131.  Senator Lucio, Jr. sent up a committee substitute to SB 2131; the chair recognized Senator Davis to explain the difference between the committee substitute and the senate bill as filed. 

 

The Chairman read a Motion in writing requesting unanimous consent to be shown voting aye  submitted by the following: Senator Harris on CSSB 1704, SB 2565, HB 523, HB 652, HB 1411, HB 1505, HB 1758, HB 2249, HB 2569, and HB 3413.  These votes are reflected in the final votes on the aforementioned bills.

 

Senator Fraser moved to limited testimony to two minutes; without objection, it was so ordered.

Witnesses testifying and registering on the bills 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 242, SB 243, SB 244, SB 248, and SB 2131 be left pending; without objection, it was so ordered. 

 

There was no action taken for the following bill:

 

SB 149

 

There being no further business, at 3:41 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