MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, March 31, 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, March 31, 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 9:02 a.m.  The following business was transacted:

 

The chair laid out SB 28 and recognized the author, Senator Zaffirini, to explain the bill.  Senator Watson sent up Committee Amendment 1.  The chair recognized Senator Zaffirini to explain 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 SB 28 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved adoption of Committee Amendment 1.  Without objection; it was so ordered.  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 SB 28 do not pass but that CSSB 28 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 roll was called at 9:09 a.m.  A quorum was present.

 

The chair laid out SB 1399 and recognized the author, Senator Seliger, to explain the bill. 

Senator Watson sent up a committee substitute; the chair recognized Senator Seliger 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 Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson moved that SB 1399 do not pass but that CSSB 1399 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 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 862 and recognized the author, 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 SB 862 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 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 1410 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 1410 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 SB 1036 and recognized the author, 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 Harris moved that SB 1036 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 SB 1966 and recognized the author, 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 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 Harris moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris moved that SB 1966 do not pass but that CSSB 1966 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1920 and recognized the author, Senator Jackson, 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 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 Jackson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Jackson moved that SB 1920 do not pass but that CSSB 1920 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. 

 

Senator Harris assumed the chair. 

 

The chair laid out SB 1442 and recognized the author, 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 SB 1442 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1592 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.  Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered.  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 1592 do not pass but that CSSB 1592 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 SB 1773 and recognized the author, 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 SB 1773 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 resumed the chair. 

 

The Chairman read Motions in Writing requesting unanimous consent to be shown voting aye submitted by the following: Senator Averitt on CSSB 28, CSSB 1399, SB 862, SB 1410, SB 1036, CSSB 1966, CSSB 1920, and SB 1442; Senator Lucio on CSSB 28, SB 862, SB 1036, CSSB 1399, SB 1410, CSSB 1920, and CSSB 1966; Senator Harris on CSSB 28, SB 862, and CSSB 1399.  These votes are reflected in the final votes on the aforementioned bills.

 

Senator Harris assumed the chair. 

 

Senator Fraser moved to bring back up SB 1773.  Without objection, it was so ordered. 

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 SB 14 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. 

 

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 Van de Putte on CSSB 28, CSSB 1399, SB 862, SB 1410, SB 1036, CSSB 1966, CSSB 1920, SB 1442, CSSB 1592, and SB 1773. These votes are reflected in the final votes on the aforementioned bills.

 

Senator Harris assumed the chair. 

 

Witnesses testifying and registering on SB 14 are shown on the attached list.  Senator Harris moved that SB 14 be left pending; without objection, it was so ordered. 

 

At 10:38 a.m. Senator Harris moved that the committee stand recessed until 20 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 12:59 p.m. Senator Fraser resumed the chair and reconvened committee hearing.

 

Senator Harris assumed the chair. 

 

At 1:03 p.m. Senator Harris moved that the committee stand recessed for 10 minutes due to technical issues with the sound system.  Without objection, it was so ordered.

 

At 1:13 p.m. Senator Watson assumed the chair and reconvened the committee hearing.

 

As a matter of pending business, Senator Watson brought back up SB 14. Testimony on SB 14 continued.

 

Senator Harris resumed the chair. 

 

Senator Harris moved that testimony on SB 14 would be limited to three minutes.  Without objection; it was so ordered.

 

Senator Watson assumed the chair. 

 

Senator Watson moved that testimony on SB 14 would be limited to two minutes.  Without objection; it was so ordered.  The chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Fraser resumed the chair. 

 

Senator Fraser moved that SB 14 be left pending; without objection, it was so ordered. 

 

There being no further business the chair moved at 3:18 p.m. 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