MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Thursday, May 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 Thursday, May 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 Chris Harris, Vice 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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None |
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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 SB 825 and recognized the author, Senator Ellis, to explain the bill.
Senator Fraser sent up a committee substitute; the chair recognized Senator Ellis 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 9:18 a.m. A quorum was present.
Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that SB 825 do not pass but that CSSB 825 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 HB 2774 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Van de Putte 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 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 Van de Putte moved adoption of the committee substitute; without objection, it was so ordered. Senator Van de Putte moved to adopt Committee Amendment 1; without objection, it was so ordered. Senator Van de Putte then moved to roll the committee substitute and Committee Amendment 1 into a new committee substitute. Without objection, it was so ordered. Senator Van de Putte moved adoption of the new committee substitute; without objection, it was so ordered. Senator Van de Putte moved that HB 2774 do not pass but that CSHB 2774 be reported back 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 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 2779 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Van de Putte sent up a committee substitute; the chair recognized Senator Wentworth 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 2779 do not pass but that CSHB 2779 be reported back 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 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 10 and recognized the Senate sponsor, 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 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. Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that HB 10 do not pass but that CSHB 10 be reported back 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 2757 and recognized the Senate sponsor, Senator Seliger, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the house bill as engrossed.
Senator Van de Putte assumed the chair.
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 resumed the chair.
Senator Fraser moved that HB 2757 be left pending; without objection, it was so ordered.
The chair laid out HB 2840 and recognized the Senate sponsor, Senator Averitt, 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 2840 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved that HB 2840 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 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 2585 and recognized the author, Senator Averitt, 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 2585 be left pending; without objection, it was so ordered.
At 11:00 a.m. Senator Fraser moved that the committee stand recessed until ten minutes after the
adjournment of the Senate; without objection, it was so ordered.
At 2:25 p.m. the committee reconvened.
The chair laid out SB 2238 and recognized Senator Lucio, Jr., in the absence of the author, 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 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 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 SB 2238 do not pass but that CSSB 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 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 3762 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. 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 3762 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that HB 3762 do not pass but that CSHB 3762 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
Senator Lucio, Jr. assumed the chair.
The chair laid out HB 3945 and recognized Senator Jackson, 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 Lucio, Jr. moved that HB 3945 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Watson moved that HB 3945 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 2548 and recognized Senator Jackson, 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 Lucio, Jr. moved that HB 2548 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser resumed the chair. Senator Jackson moved that HB 2548 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1757 and recognized Senator Eltife, 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 1757 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Eltife moved that HB 1757 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 Jackson assumed the chair.
The chair laid out HB 3502 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.
Senator Fraser 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 Jackson moved that HB 3502 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 to adopt Committee Amendment 1; without objection, it was so ordered. Senator Fraser then moved to roll the committee substitute and Committee Amendment 1 into a new committee substitute. Without objection, it was so ordered. Senator Fraser moved adoption of the new committee substitute; without objection, it was so ordered. Senator Fraser moved that HB 3502 do not pass but that CSHB 3502 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 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 4343 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 Jackson moved that HB 4343 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser moved that HB 4343 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.
Senator Fraser resumed the chair.
The Chairman read a Motion in writing requesting unanimous consent to be shown voting aye submitted by the following: Senator Jackson on CSSB 825; Senator Harris on CSSB 825, CSHB 2774, HB 2840, CSHB 3762, CSHB 3502, HB 3945, HB 4343, HB 2548, HB 2449, HB 1975, and CSHB 1787; Senator Watson on CSSB 825, CSHB 10, CSHB 2774, CSHB 2779, and HB 2840; Senator Lucio on HB 2840, CSHB 3502, HB 3945, HB 4343, HB 3945, CSHB 3762, HB 1757, and HB 2548. These final votes are reflected in the aforementioned bills.
The chair laid out as a matter of pending business SB 2585 and recognized Senator Watson, in the absence of the author, to explain the bill. Senator Watson moved that SB 2585 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, 1 nay, 0 present not voting, and 2 absent.
The chair laid out as a matter of pending business HB 1975 and recognized Senator Eltife, in the absence of the Senate sponsor, to explain the bill. Senator Eltife moved that HB 1975 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 as a matter of pending business HB 2449 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. Senator Watson moved that HB 2449 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 HB 2752 and recognized Senator Estes, in the absence of the Senate sponsor, to explain the bill. Senator Estes moved to adopt the committee substitute that had been sent up at a previous hearing. Without objection, it was so ordered. Senator Estes then moved to adopt Committee Amendment 1 that had been sent up at previous hearing. Without objection, it was so ordered. Senator Estes then moved to roll the committee substitute and Committee Amendment 1 into a new committee substitute. Without objection, it was so ordered. Senator Estes moved adoption of the new committee substitute; without objection, it was so ordered. Senator Estes moved that HB 2752 do not pass but that CSHB
2752 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 HB 1787 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. Senator Watson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Watson requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Watson then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Watson moved that HB 1787 do not pass but that CSHB 1787 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 Watson 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 Averitt on SB 2585 and CSHB 2752; Senator Van de Putte on HB 1757, HB 2548, CSHB 3502, HB 4343, CSHB 3762, HB 3945, HB 1975, HB 2449, CSHB 2752, CSHB 1787, CSSB 2238, and nay on SB 2585. The votes are reflected in the aforementioned bills.
The posting rule, Senate Rule 11.18, was suspended to hear the following bills:
SB 2585
SB 2238
At 3:09 p.m. Senator Fraser moved that the committee stand recessed until 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