MINUTES
SENATE COMMITTEE ON BUSINESS & COMMERCE
Wednesday, May 18, 2011
8:00 AM
Betty King Committee
Room
*****
Pursuant to suspension of Senate Rule 11.10 and
11.18, a public hearing of the Senate Committee on Business & Commerce was
held on Wednesday, May 18, 2011, 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 John Carona, Chair |
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None |
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Senator Chris Harris, Vice Chair |
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Senator Kevin Eltife |
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Senator Craig Estes |
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Senator Mike Jackson |
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Senator Eddie Lucio, Jr. |
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Senator Leticia Van de Putte |
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Senator Kirk Watson |
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Senator John Whitmire |
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*****
The chair called the meeting to order at 8:00 a.m.
There being a quorum present, the following business
was transacted:
At 8:01 AM Senator Whitmire assumed the chair.
The chair laid out HB 2592 and recognized the Senate
sponsor, Senator Carona, to explain the bill.
Senator Carona sent up a committee substitute; the
chair recognized Senator Carona to explain the difference between the committee
substitute and the senate bill as filed.
Senator Carona sent up Committee Amendment 1.
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 Carona moved that HB 2592 be left pending;
without objection, it was so ordered.
The chair laid out HB 2594 and recognized the Senate
sponsor, Senator Carona, to explain the bill.
Senator Carona sent up Committee Amendments 1 and 2.
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 Carona moved that HB 2594 be left pending;
without objection, it was so ordered.
At 8:15 a.m. Senator Carona resumed the chair.
The chair laid out HB 2931 and recognized the Senate
sponsor, Senator Van de Putte, to explain the bill.
Senator Van de Putte sent up Committee Amendment 1
and moved adoption; without objection, the amendment was adopted.
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 Carona moved that HB 2931, as amended, be
left pending; without objection, it was so ordered.
The chair laid out HB 1469 and recognized Senator Van de Putte, in the absence of the Senate sponsor, to explain the bill.
There being no one present wishing to provide oral testimony for, on, or against on HB 1469,
Senator
Carona moved that HB 1469 be left pending; without objection, it was so
ordered.
At
8:23 a.m. Senator Harris assumed the chair.
The chair laid out HB 3167 and recognized the Senate sponsor, Senator Carona, to explain the bill.
There being no one present wishing to provide oral testimony for, on, or against on HB 3167,
the
chair moved that HB 3167 be left pending; without objection, it was so ordered.
The
chair laid out HB 3410 and recognized Senator Carona, 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.
The
chair moved that HB 3410 be left pending; without objection, it was so ordered.
At
8:34 a.m. Senator Carona resumed the chair.
The
chair called up HB 1469 as an item of pending business.
Senator
Van de Putte moved that HB 1469 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 nays, 0 present not voting, and 2 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 called up HB 2931 as an item of pending business.
Senator
Van de Putte moved that HB 2931, as amended, 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 nays, 0 present not voting, and 2
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 called up HB 602 as an item of pending business.
Senator
Lucio, Jr. moved that HB 602 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 nays, 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 called up HB 2408 as an item of pending business.
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. Senator Harris moved adoption of the committee substitute; without
objection, it was so ordered.
Senator
Harris moved that HB 2408 do not pass but that CSHB 2408 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 nays, 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 called up HB 3453 as an item of pending business.
Senator
Eltife moved adoption of the committee substitute; without objection, it was so
ordered.
Senator
Eltife moved that HB 3453 do not pass but that CSHB 3453 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 nays, 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 called up SB 1837 as an item of pending business.
Senator
Van de Putte moved that HB 1837 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 nays, 0 present not voting, and 1 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 called up HB 213 as an item of pending business.
Senator
Lucio, Jr., moved adoption of the committee substitute; without objection, it
was so ordered.
Senator
Lucio, Jr. moved that HB 213 do not pass but that CSHB 213 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 nays, 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 called up HB 1242 as an item of pending business.
Senator
Harris moved adoption of the committee substitute; without objection, it was so
ordered.
Senator
Harris moved that HB 1242 do not pass but that CSHB 1242 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 nays, 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 called up HB 1355 as an item of pending business.
Senator
Harris moved that HB 3410 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 nays, 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 called up HB 1456 as an item of pending business.
Senator
Harris moved that HB 1456 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 nays, 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 called up HB 2295 as an item of pending business.
Senator
Estes moved that HB 2295 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 nays, 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 called up HB 2382 as an item of pending business.
Senator
Estes moved that HB 2382 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 nays, 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 called up HB 2604 as an item of pending business.
Senator
Harris moved adoption of the committee substitute; without objection, it was so
ordered.
Senator
Harris moved that HB 2604 do not pass but that CSHB 2604 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 nays, 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 called up HB 2619 as an item of pending business.
Senator
Whitmire moved that HB 2619 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 nays, 0 present not voting, and 1 absent.
Senator
Whitmire moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The
chair called up HB 2707 as an item of pending business.
Senator
Watson moved that HB 2707 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 nays, 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 called up HB 3116 as an item of pending business.
Senator
Lucio, Jr. moved adoption of Committee Amendment 1; without objection, the
amendment was adopted.
Senator
Lucio, Jr. moved that HB 3116, as amended, 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 nays, 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 called up HB 3329 as an item of pending business.
Senator
Harris moved that HB 3329 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 nays, 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 called up HB 3573 as an item of pending business.
Senator
Harris moved that HB 3573 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 nays, 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.
At
8:51 a.m. Senator Harris assumed the chair.
The
chair called up HB 2592 as an item of pending business.
Senator
Carona moved adoption of Committee Amendment 1; without objection, the
amendment was adopted.
Senator
Carona requested unanimous consent to incorporate Committee Amendment 1 into a
committee substitute; without objection, it was so ordered. Senator Carona then
moved that the committee substitute be adopted; without objection, it was so
ordered. Senator Carona moved that HB 2592 do not pass but that CSHB 2592 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 nays, 0 present not
voting, and 1 absent.
The
chair called up HB 2594 as an item of pending business.
Senator
Carona moved adoption of Committee Amendment 1; without objection, the
amendment was adopted.
Senator
Carona moved adoption of Committee Amendment 2; without objection, the
amendment was adopted.
Senator
Carona moved that HB 2594, as amended, 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 nays, 0 present not voting, and 1 absent.
The
chair called up HB 3167 as an item of pending business.
Senator
Carona moved that HB 3167 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 nays, 0 present not voting, and 1 absent.
Senator
Carona moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The
chair called up HB 3410 as an item of pending business.
Senator
Carona moved that HB 3410 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 nays, 0 present not voting, and 1 absent.
The
chair called up HB 272 as an item of pending business.
Senator
Carona moved adoption of the committee substitute; without objection, it was so
ordered.
Senator
Carona moved that HB 272 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, 3 nays, 0 present not voting, and 0 absent.
The
chair called up HB 1580 as an item of pending business.
Senator
Carona moved that HB 1580 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 nays, 0 present not voting, and 1 absent. Senator
Van de Putte submitted a motion in writing requesting unanimous consent to be
shown voting aye on HB 1580.
Senator
Carona moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At
9:15 a.m. Senator Carona resumed the chair.
Senator
Carona moved to reconsider the vote by which CSHB 3116 passed; without
objection it was so ordered.
Senator
Lucio, Jr. moved adoption of Committee Amendment 1 to HB 3116; without
objection, the amendment was adopted.
Senator
Lucio, Jr. requested unanimous consent to incorporate Committee Amendment 1
into the bill to create 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
3116 do not pass but that CSHB 3116 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 nays, 0 present not voting, and 1 absent. Senators Van de Putte and Watson submitted motions
in writing requesting unanimous consent to be shown voting aye on CSHB 3116.
At
9:16 a.m. Senator Harris assumed the chair.
The
chair called up HB 1959 as an item of pending business.
Senator
Carona moved that HB 1959 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 nays, 0 present not voting, and 1 absent. Senators Estes, Van de Putte, and Watson submitted
motions in writing requesting unanimous consent to be shown voting aye on HB 1959.
Senator
Carona moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The
chair called up HB 2103 as an item of pending business.
Senator
Carona moved that HB 2103 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 nays, 0 present not voting, and 1 absent. Senators Estes, Van de Putte, and Watson submitted
motions in writing requesting unanimous consent to be shown voting aye on HB 2103.
Senator
Carona moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The
chair called up HB 2655 as an item of pending business.
Senator
Carona moved adoption of the committee substitute; without objection, it was so
ordered.
Senator
Carona moved that HB 2655 do not pass but that CSHB 2655 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 nays, 0 present not voting, and 1
absent. Senators Estes, Van de
Putte, and Watson submitted motions in writing requesting unanimous consent to
be shown voting aye on CSHB 2655.
Senator
Carona moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The
chair called up HB 2982 as an item of pending business.
Senator
Carona moved that HB 2982 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 nays, 0 present not voting, and 1 absent. Senators Estes, Van de Putte, and Watson submitted
motions in writing requesting unanimous consent to be shown voting aye on HB 2982.
Senator
Carona moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At
9:21 a.m. Senator Carona resumed the chair.
There being no further business, at 9:22 a.m.
Senator Carona moved that the committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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Senator John Carona, Chair
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Kimberly Selinger, Clerk