MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Thursday, May 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 Thursday, May 21, 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 Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte Senator Kirk Watson		None

 

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The chair called the meeting to order at 9:01 a.m.  The following business was transacted:

 

The chair laid out HB 534 and recognized the Senate sponsor, Senator Carona, 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 534 be left pending to await a quorum; without objection, it was so ordered. 

Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 534 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 HB 2438 and recognized the Senate sponsor, Senator Carona, to explain the bill.  Senator Lucio, Jr. 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 Fraser moved that HB 2438 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Lucio moved adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Lucio, Jr. requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 2438 do not pass but that CSHB 2438 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 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 HB 3186 and recognized the Senate sponsor, Senator Duncan, 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 3186 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 3186 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 3628 and recognized the Senate sponsor, Senator Duncan, 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 3628 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Jackson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Jackson requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Jackson then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Jackson moved that HB 3628 do not pass but that CSHB 3628 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 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 434 and recognized Senator Lucio, Jr., 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 434 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 434 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 HB 1569 and recognized the Senate sponsor, Senator Jackson, 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 1569 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1799 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. 

 

At 10:51 a.m. the roll was called.  A quorum was present.

 

Senator Eltife moved that HB 1799 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 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 3181 and recognized the Senate sponsor, Senator Patrick, to explain the bill.  Senator Fraser moved that HB 3181 be left pending; without objection, it was so ordered. 

 

At 10:59 a.m. Senator Fraser moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 3:36 p.m. the committee reconvened. 

 

The chair laid out HB 821 and recognized the Senate sponsor, Senator Watson, to explain the bill.  Senator Fraser moved that there would be a three minute time limit on 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.  Senator Fraser moved that HB 821 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 821 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 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 2456 and recognized the Senate sponsor, Senator Watson, 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 2456 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 2456 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:18 p.m. Senator Fraser moved that the Committee would stand at ease for two minutes; without objection, it was so ordered.

 

At 5:20 p.m. the Committee came back to order.

 

The chair laid out as a matter of pending business HB 3181 and recognized the Senate sponsor, 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 HB 3181 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2223 and recognized the Senate sponsor, Senator Estes, 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 Estes moved that HB 2223 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Estes moved that HB 2223 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 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 2128 and recognized Senator Estes, 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 2128 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 2128 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 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 2360 and recognized Senator Estes, in the absence of the Senate sponsor, 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 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 2360 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Estes moved adoption of the committee substitute; without objection, it was so ordered.  Senator Estes moved that HB 2360 do not pass but that CSHB 2360 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 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 1055 and recognized the Senate sponsor, Senator Harris, 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 1055 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that HB 1055 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 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 4103 and recognized Senator Estes, 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 4103 be left pending to await a quorum; without objection, it was so ordered. 

Upon arrival of a quorum, Senator Jackson moved that HB 4103 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 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 3221 and recognized Senator Estes, in the absence of the Senate sponsor, 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 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 3221 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 HB 3221 do not pass but that CSHB 3221 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. 

 

Senator Harris assumed the chair. 

 

The chair laid out HB 1822 and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser 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 Harris moved that HB 1822 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

Senator Fraser requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Fraser then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Fraser moved that HB 1822 do not pass but that CSHB 1822 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 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 1182 and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser sent up Committee Amendment 1 and explained the amendment. 

 

Senator Estes resumed the chair. 

 

Senator Fraser moved that there be a three minute time limit on 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.  Senator Estes moved that HB 1182 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris assumed the chair.  Senator Fraser moved adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Fraser requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Fraser then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Fraser moved that HB 1182 do not pass but that CSHB 1182 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 Estes resumed the chair. 

 

The chair laid out HB 1243 and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser 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 adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Fraser requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Fraser then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Fraser moved that HB 1243 do not pass but that CSHB 1243 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 Fraser 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 3114 and recognized the Senate sponsor, 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 house bill as engrossed.  Senator Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson moved that HB 3114 do not pass but that CSHB 3114 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair recognized Senator Averitt to make a motion to reconsider the vote on HB 2649; without objection, it was so ordered.  Senator Averitt was on the prevailing side.  Senator Averitt then moved to reconsider the vote by which the committee substitute was adopted.  Without objection, it was so ordered.  Senator Averitt moved to pull down the substitute; without objection, it was so ordered.  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.  Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered.  Senator Averitt moved that HB 2649 do not pass but that CSHB 2649 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. 

 

Senator Lucio requested unanimous consent to be shown voting aye on HB 1799 and CSHB 3114; without objection, it was so ordered.  Senator Watson requested unanimous consent to be shown voting aye on aye CSHB 3628, HB 4103, and CSHB 3221; without objection, it was so ordered.  Senator Harris  requested unanimous consent to be shown voting aye on CSHB 3221, HB 4103, CSHB 3628; without objection, it was so ordered.  Senator Van de Putte requested unanimous content to be shown voting aye on HB 1799, HB 434, HB 534, CSHB 2438, and HB 3186; without objection, it was so ordered.  These votes are reflected in the aforementioned bills.

 

The posting rule, Senate Rule 11.18, was suspended to hear the following bills:

 

HB 534

HB 821

HB 1055

HB 1243

HB 2223

HB 3221

 

There being no further business, at 5:29 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