MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, May 12, 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 12, 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 Kip Averitt Senator Kevin Eltife Senator Craig Estes Senator Eddie Lucio, Jr. Senator Leticia Van de Putte Senator Kirk Watson		Senator Mike Jackson

 

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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 HB 1084 and recognized the Senate sponsor, Senator Gallegos, 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 Fraser moved that HB 1084 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 1084 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 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 4359 and recognized Senator Van de Putte, in the absence of the Senate sponsor, 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 4359 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 4359 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 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 963 and recognized Senator Van de Putte, in the absence of the Senate sponsor, to explain the bill.  Senator Van de Putte sent up Committee Amendment 1 and explained the amendment.  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 963 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved to adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Harris requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Harris then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Harris moved that HB 963 do not pass but that CSHB 963 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 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 1513 and recognized Senator Van de Putte, 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 1513 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 1513 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 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 2237 and recognized Senator Van de Putte, in the absence of the Senate sponsor, 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 2237 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 2237 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. 

 

Senator Van de Putte assumed the chair. 

 

 

 

The chair laid out HB 1476 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 Van de Putte moved that HB 1476 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that HB 1476 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 2877 and recognized the Senate sponsor, Senator Fraser, 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 Van de Putte moved that HB 2877 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that HB 2877 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, 1 nay, 0 present not voting, and 1 absent. 

 

The chair laid out HB 4291 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 Van de Putte moved that HB 4291 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that HB 4291 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 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 4339 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 Van de Putte moved that HB 4339 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that HB 4339 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 4358 and recognized the Senate sponsor, Senator Fraser, 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 Van de Putte moved that HB 4358 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that HB 4358 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 roll was called at 9:36 a.m.  A quorum was present.

 

Senator Fraser resumed the chair. 

 

The chair laid out HB 4498 and recognized the Senate sponsor, Senator Nichols, 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 4498 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 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 2580 and recognized the author, 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 Lucio, Jr. moved that SB 2580 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 Lucio, Jr. 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 Eltife on HB 4291, HB 4339, HB 1476, HB 4358, and HB 2877.  These votes are reflected in the final votes on the aforementioned bills.

 

The chair laid out SB 2342 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 2342 do not pass but that CSSB 2342 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 2578 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 2578 do not pass but that CSSB 2578 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 HB 1109 and recognized Senator Harris, 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 Harris moved that HB 1109 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, 1 nay, 0 present not voting, and 1 absent.  Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Lucio moved to reconsider the vote by which HB 1109 was recommended for the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 2353 and recognized the Senate sponsor, Senator Estes, 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 Estes moved that HB 2353 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 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 1161 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 Harris moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris moved that HB 1161 do not pass but that CSHB 1161 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 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 1787 and recognized the Senate sponsor, Senator Wentworth, 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 1787 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3129 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the house bill as engrossed.  Senator Harris moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris moved that HB 3129 do not pass but that CSHB 3129 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 Lucio, Jr. 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 Watson on SB 2580.  This vote is reflected in the final vote on the aforementioned bill.

 

The chair laid out HB 1975 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 Fraser moved that HB 1975 be left pending; 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 2342, CSSB 2578, SB 2580, CSHB 1161, HB 2353, HB 4498, and nay on HB 1109.  These votes are reflected in the final votes on the aforementioned bills.

 

The chair laid out HB 2449 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 Fraser moved that HB 2449 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2752 and recognized Senator Van de Putte, in the absence of the Senate sponsor, 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.  Senator Van de Putte sent up Committee Amendment 1 and explained the amendment.  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 2752 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2191 and recognized the author, 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 Fraser moved that SB 2191 be left pending; without objection, it was so ordered. 

 

At 10:58 a.m. Senator Fraser moved that the committee stand recessed until 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