MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, April 7, 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, April 7, 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 9:00 a.m.  The following business was transacted: 

 

The chair laid out SB 716 and recognized the author, Senator Carona, 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 716 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that SB 716 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 974 and recognized the author, Senator Carona, 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 974 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Harris moved that SB 974 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 roll was called at 9:20 a.m.  A quorum was present.

 

The chair laid out SB 1715 and recognized the author, Senator West, to explain the bill. 

Senator Estes sent up a committee substitute; the chair recognized Senator West 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. 

 

 At 9:29 a.m. Senator Fraser moved that the committee stand at ease; without objection, it was so ordered. 

 

At 9:37 a.m. the committee reconvened. 

 

Senator Lucio, Jr. moved adoption of the committee substitute on SB 1715; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 1715 do not pass but that CSSB 1715 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion was made in honor of Sephia Burks.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent.  Sen. Harris requested to be shown voting aye on CSSB 1715.  There being no objection, it was so ordered.  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 SB 1096 and recognized the author, 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 Harris moved that SB 1096 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 Chairman read a Motion in Writing requesting unanimous consent to be shown voting aye submitted by the following:  Senator Van de Putte on CSSB 1715.  This vote is reflected in the final votes on the aforementioned bill.

 

The chair laid out SB 1097 and recognized the author, Senator Carona, to explain the bill. 

Senator Harris sent up a committee substitute; the chair recognized Senator Carona 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 Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 1097 do not pass but that CSSB 1097 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 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 SB 1620 and recognized the author, Senator Wentworth, 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 Harris moved that SB 1620 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 1244 and recognized the author, Senator Carona, to explain the bill. 

Senator Harris sent up a committee substitute; the chair recognized Senator Carona 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 Fraser moved that SB 1244 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1245 and recognized the author, 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 SB 1245 be left pending; 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 SB 1620.  This vote is reflected in the final votes on the aforementioned bill.

 

At 10:53 a.m. Senator Fraser moved that the committee stand recessed until 15 minutes after the adjournment of the Senate; without objection, it was so ordered. 

 

At 1:33 p.m. the committee reconvened. 

 

Senator Watson assumed the chair. 

 

The chair laid out SB 1699 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 Watson moved that SB 1699 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that SB 1699 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 1703 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 Watson moved that SB 1703 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that SB 1703 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 1701 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 Watson moved that SB 1701 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved that SB 1701 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 1702 and recognized the author, Senator Fraser, to explain the bill. 

Senator Fraser sent up Committee Amendment 1 and explained the amendment.  Senator Fraser moved that Committee Amendment 1 be adopted;  without objection, it was so ordered.  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.   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 1702 do not pass but that CSSB 1702 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 SB 1821 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 1821 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 SB 881 and recognized the author, Senator Eltife, 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 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 assumed the chair. 

 

Senator Fraser resumed the chair. 

 

Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered. 

Senator Eltife moved that SB 881 do not pass but that CSSB 881 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 Watson assumed the chair. 

 

The chair laid out SB 545, pending business, 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. 

Senator Fraser moved that SB 545 do not pass but that CSSB 545 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 SB 546, pending business, 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. 

Senator Fraser moved that SB 546 do not pass but that CSSB 546 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. 

 

Senator Fraser resumed the chair. 

 

The chair laid out SB 1427 and recognized Senator Eltife, in the absence of the author, 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 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 Eltife moved adoption of the committee substitute; without objection, it was so ordered.  Senator Eltife moved that SB 1427 do not pass but that CSSB 1427 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. 

 

The chair laid out SB 1843 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.  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 to pull down the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 1843 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. 

 

The Chairman read Motions in Writing requesting unanimous consent to be shown voting aye submitted by the following:  Senator Harris on SB 1699, SB 1701, CSSB 1702, SB 1703, SB 1821, and CSSB 881; Senator Averitt on SB 716, SB 974, CSSB 1715, SB 1096, CSSB 1097, SB 1620, SB 1699, SB 1703, SB 1701, CSSB 1702, SB 1821, CSSB 881, CSSB 545, CSSB 546 and CSSB 1427; Senator Estes on CSSB 545, CSSB 546, CSSB 1427, and SB 1843; Senator Van de Putte on CSSB 545, CSSB 546, CSSB 881, SB 1699, SB 1701, CSSB 1702, SB 1703, SB 1821, and CSSB 1427. These votes are reflected in the final votes on the aforementioned bill.

 

The chair laid out SB 1647 and recognized the author, Senator Averitt, 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 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 Averitt moved adoption of the committee substitute; without objection, it was so ordered.  Senator Averitt moved that SB 1647 do not pass but that CSSB 1647 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1587 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.  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 that SB 1587 do not pass but that CSSB 1587 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 Harris assumed the chair. 

 

The chair laid out SB 921 and recognized the author, Senator Fraser, to explain the bill. 

Senator Fraser sent up Committee Amendment 1 and explained the amendment.  Senator Fraser requested testimony be limited to three minutes; 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 Jackson assumed the chair.

 

Senator Harris resumed the chair.

 

Senator Harris moved that SB 921 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator Fraser moved to pull down Committee Amendment 1; without objection, it was so ordered.  Senator Fraser moved that SB 921 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, 1 nay, 0 present not voting, and 1 absent. 

 

Senator Fraser assumed the chair.

 

The chair laid out SB 1216 and recognized the author, Senator Ellis, to explain the bill.  Senator Fraser requested testimony be limited to three minutes; 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 SB 1216 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 Watson on SB 716, CSSB 1097, SB 1620, and CSSB 1715; Senator Lucio on SB 1843, CSSB 1427, SB 1821, CSSB 545, CSSB 546, CSSB 1587, CSSB 1647, SB 1699, SB 1701, CSSB 1702, SB 1703, and SB 921; Senator Estes on CSSB 1647 and CSSB 1587; Senator Van de Putte on SB 921.  These votes are reflected in the final votes on the aforementioned bill.

 

There being no further business, at 4:59 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