MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, May 19, 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 19, 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 9:04 a.m.  The following business was transacted:

 

The chair laid out HB 2052 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 Fraser moved that HB 2052 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved that HB 2052 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 HB 882 and recognized the Senate sponsor, Senator Eltife, to explain the bill. 

Senator Eltife 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 882 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Eltife moved adoption of Committee Amendment 1; without objection, the amendment was adopted.  Senator Eltife requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Eltife then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Eltife moved that HB 882 do not pass but that CSHB 882 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Eltife assumed the chair. 

 

The chair laid out HB 1783 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 Eltife moved that HB 1783 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 that HB 1783 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. 

 

Senator Fraser resumed the chair. 

 

The chair laid out HB 3829 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 3829 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Watson moved that HB 3829 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 3850 and recognized the Senate sponsor, Senator Harris, 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 3850 be left pending; without objection, it was so ordered. 

 

Senator Eltife assumed the chair. 

 

The chair laid out HB 3073 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.  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 HB 3073 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 that HB 3073 do not pass but that CSHB 3073 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 4338 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. 

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 HB 4338 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered.  Senator Fraser moved that HB 4338 do not pass but that CSHB 4338 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 resumed the chair.    

 

The chair laid out HB 3309 and recognized Senator Eltife, in the absence of the Senate sponsor, to explain the bill.  Senator Eltife sent up a committee substitute; the chair recognized Senator Eltife 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 3309 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 HB 3309 do not pass but that CSHB 3309 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 978 and recognized the Senate sponsor, Senator Watson, 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. 

 

At 9:44 a.m. the roll was called.  A quorum was present.

 

Senator Watson moved that HB 978 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 3114 and recognized the Senate sponsor, Senator Watson, 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 3114 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3866 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.  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 Watson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Watson moved that HB 3866 do not pass but that CSHB 3866 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 HB 1043 and recognized Senator Lucio, Jr., in the absence of the Senate sponsor, 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 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 Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 1043 do not pass but that CSHB 1043 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 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 2127 and recognized Senator Watson, in the absence of the Senate sponsor, 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 Lucio moved adoption of Committee Amendment 1; 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 2127 do not pass but that CSHB 2127 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 2649 and recognized Senator Averitt, in the absence of the Senate sponsor, 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 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 2649 be left pending; without objection, it was so ordered. 

 

The Chairman read Motions in writing requesting unanimous consent to be shown voting aye submitted by the following: Senator Lucio on CSHB 882, HB 978, and HB 2052; Senator Averitt on CSHB 882, HB 978, HB 1783, HB 2052, CSHB 3073, HB 3829, CSHB 3309, and CSHB 4338; Senator Van de Putte on CSHB 882, HB 978, HB 2052, CSHB 3309, HB 3829, HB 1783, CSHB 3073, and CSHB 4338; Senator Eltfie on CSHB 3866; Senator Harris on CSHB 882, CSHB 1783, HB 2052, CSHB 3309, HB 3829, CSHB 3866, CSHB 4338, CSHB 1043, and CSHB 2127.  These votes are reflected in the aforementioned bills.

 

There being no further business, at 10:58 a.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