MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, March 24, 2009

8:00 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 24, 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 8:08 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out SB 778 and recognized the author, 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 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 778 do not pass but that CSSB 778 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 chair laid out SB 338 and recognized the author, Senator Van de Putte, to explain the bill. 

Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.  Senator Van de Putte 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 Van de Putte moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved adoption of Committee Amendment 1; without objection, it was so ordered.  Senator Van de Putte requested unanimous consent to roll the amendment and the committee substitute into a new committee substitute; without objection, it was so ordered.  Senator Van de Putte then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Van de Putte moved that SB 338 do not pass but that CSSB 338 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 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 SB 111 and recognized the author, Senator Ellis, 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 111 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 111 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, 0 nay, 0 present not voting, and 3 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Estes assumed the chair. 

 

The chair laid out SB 1034 and recognized the author, Senator Fraser, to explain the bill. 

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 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 SB 1034 do not pass but that CSSB 1034 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 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. 

 

Senator Fraser stated that SB 546, SB 601, and SB 1191 would be laid out together.

 

Senator Estes assumed the chair. 

 

The chair laid out SB 546 and recognized the author, Senator Fraser, to explain the bill.  The chair laid out SB 601 and recognized Senator Fraser, in the absence of the author, to explain the bill.  The chair laid out SB 1191 and recognized the author, Senator Ellis, to explain the bill.

Witnesses testifying and registering on SB 546, SB 601, and SB 1191 are shown on the attached list. 

 

Senator Eltife assumed the chair.

 

Senator Fraser resumed the chair. 

 

Senator Fraser moved that SB 546, SB 601, and SB 1191 be left pending; without objection, it was so ordered. 

 

At 10:35 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 6:17 p.m. Senator Fraser reconvened the committee hearing. 

 

Senator Jackson assumed the chair. 

 

As a matter of pending business Senator Jackson brought back up SB 546, SB 601, and SB 1191.

Senator Jackson moved that public testimony would be limited to three minutes on SB 546, SB 601, and SB 1191.  Without objection; it was so ordered.  Testimony continued on SB 546, SB 601, and SB 1191.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Jackson moved that SB 546, SB 601, and SB 1191 be left pending; without objection, it was so ordered. 

 

Senator Fraser resumed the chair. 

 

The chair laid out SB 1354 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 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 adoption of the committee substitute; without objection, it was so ordered.  Senator Jackson moved that SB 1354 do not pass but that CSSB 1354 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. 

 

The Chairman read a Motion in Writing requesting unanimous consent to be shown voting aye submitted by the following: Senator Estes on CSSB 1354, Senator Van de Putte on SB 111 and CSSB 1034, and Senator Harris on CSSB 778, CSSB 338, CSSB 1034, and CSSB 1354.  These votes are reflected in the final votes on the aforementioned bills.

 

Chairman Fraser stated that SB 435, SB 436, SB 541, SB 620, SB 1419, and SB 1423 would all be laid out together.

 

The chair laid out SB 541 and recognized the author, 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 senate bill as filed.  The chair laid out SB 620 and recognized the author, Senator Shapleigh, to explain the bill.  The chair laid out SB 435 and recognized Senator Watson, in the absence of the author, 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 senate bill as filed.  The chair laid out SB 436 and recognized Senator Watson, in the absence of the author, 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 senate bill as filed.  The chair laid out SB 1419 and recognized the author, Senator Lucio, Jr., to explain the bill.  The chair laid out SB 1423 and recognized Senator Van de Putte, in the absence of the author, to explain the bill. 

Witnesses testifying and registering on SB 435, SB 436, SB 541, SB 620, SB 1419, and SB 1423 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 435, SB 436, SB 541, SB 620, SB 1419, and SB 1423 be left pending; without objection, it was so ordered. 

 

Chairman Fraser stated that SB 427, SB 545, SB 600, SB 677, and SB 1420 would all be laid out together.

 

The chair laid out SB 1420 and recognized the author, Senator Lucio, Jr., to explain the bill. 

The chair laid out SB 677 and recognized the author, Senator Shapleigh, to explain the bill.  The chair laid out SB 427 and recognized the author, Senator Shapiro, to explain the bill. Senator Watson sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed.  The chair laid out SB 600 and recognized the author, Senator Van de Putte, to explain the bill.

 

Senator Watson assumed the chair. 

 

The chair laid out SB 545 and recognized the author, Senator Fraser, to explain the bill. 

Witnesses testifying and registering on SB 427, SB 545, SB 600, SB 677, and SB 1420 are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Watson moved that SB 427, SB 545, SB 600, SB 677, and SB 1420 be left pending; without objection, it was so ordered. 

 

At 10:24 p.m. Senator Watson moved that the committee stand recessed until subject to the call of the chair; without objection, it was so ordered. 

 

There was no action taken for the following bill:

SB 824

 

 

 

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Senator Troy Fraser, Chair

 

 

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Tatum Reagan, Clerk