MINUTES

 

SENATE COMMITTEE ON BUSINESS & COMMERCE

Tuesday, May 19, 2015

8:00 AM

Capitol Extension, Room E1.016

 

*****

 

Pursuant to a notice posted in accordance with Senate Rule 11.10 and 11.18, a public hearing of the Senate Committee on Business & Commerce was held on Tuesday, May 19, 2015, in the Capitol Extension, Room E1.016, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Kevin Eltife, Chair

 

Senator Brandon Creighton, Vice Chair

Senator Rodney Ellis

 

 

Senator Don Huffines

 

 

Senator Charles Schwertner

 

 

Senator Kel Seliger

 

 

Senator Larry Taylor

 

 

Senator Kirk Watson

 

 

Senator John Whitmire

 

 

 

*****

 

The chair called the meeting to order at 8:00 AM. There being a quorum present, the following business was transacted:

 

The chair laid out HB 3024 and recognized the Senate sponsor, Senator Hinojosa, 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 3024 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 763 and recognized the Senate sponsor, Senator Perry, 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 763 be left pending; without objection, it was so ordered.

 

The chair laid out HB 2776 and recognized the Senate sponsor, Senator Estes, 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 2776 be left pending; without objection, it was so ordered.

 

The chair laid out HB 2000 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 Eltife moved that HB 2000 be left pending; without objection, it was so ordered.

 

The chair laid out HB 1881 and recognized Senator Schwertner, in the absence of the Senate sponsor, 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 1881 be left pending; without objection, it was so ordered.

 

The chair laid out HB 2035 and recognized the Senate sponsor, Senator Zaffirini, 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 Eltife moved that HB 2035 be left pending; without objection, it was so ordered.

 

The roll was called and a quorum was established.

 

Senator Eltife moved adoption of the minutes from the previous hearings held on May 5, 2015, May 7, 2015, and May 12, 2015; without objection, it was so ordered.

 

The chair laid out HB 786 and recognized the Senate sponsor, Senator Zaffirini, 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 Eltife moved that HB 786 be left pending; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1514.

 

Senator Taylor moved that HB 1514 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 3 nays, 0 present not voting, and 1 absent.

 

The chair laid out as a matter of pending business HB 1832.

 

Senator Taylor sent up a committee substitute; the chair recognized Senator Taylor to explain the difference between the committee substitute and the house bill as engrossed. Senator Taylor moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Taylor moved that HB 1832 do not pass but that CSHB 1832 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 Taylor moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1881.

 

Senator Taylor moved that HB 1881 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 Taylor moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 3028 in lieu of SB 1142- the companion left pending in committee.

 

Senator Watson moved that HB 3028 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. 

 

Senator Taylor assumed the chair.

 

The chair laid out as a matter of pending business HB 1184.

 

Senator Eltife moved that HB 1184 do not pass but that CSHB 1184 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. Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3910.

 

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

 

Senator Eltife moved that HB 3910 do not pass but that CSHB 3910 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 nays, 1 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.

 

Senator Eltife resumed the chair.

 

The chair laid out HB 804 and recognized the Senate sponsor, Senator Seliger, 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 804 be left pending; without objection, it was so ordered.

 

The chair laid out HB 2533 and recognized the Senate sponsor, Senator Seliger, 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 2533 be left pending; without objection, it was so ordered.

 

The chair laid out HB 1542 and recognized Senator Taylor, in the absence of the Senate sponsor, 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 1542 be left pending; without objection, it was so ordered.

 

The chair laid out HB 855 and recognized the Senate sponsor, Senator Taylor, 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 855 be left pending; without objection, it was so ordered.

 

Senator Whitmire assumed the chair.

 

The chair laid out HB 1532 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 Whitmire moved that HB 1532 be left pending; without objection, it was so ordered.

 

The chair laid out HB 1830 and recognized the Senate sponsor, Senator Eltife, 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 Whitmire moved that HB 1830 be left pending; without objection, it was so ordered.

 

Senator Eltife resumed the chair.

 

The chair laid out HB 483 and recognized the Senate sponsor, Senator Kolkhorst, to explain the bill.

 

Senator Ellis sent up committee amendment Number 1. The amendment was left pending.

 

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 483 be left pending; without objection, it was so ordered.

 

The chair laid out HB 3982 and recognized the Senate sponsor, Senator Lucio, Jr., 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 3982 be left pending; without objection, it was so ordered.

 

The chair laid out HB 394 and recognized Senator Watson, in the absence of the Senate sponsor, 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 394 be left pending; without objection, it was so ordered.

 

There being no further business, at 9:05 AM Senator Eltife moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered.

 

The posting rule, Senate Rule 11.10 and 11.18, was suspended on the floor for the committee to reconvene at Senator Whitmire’s desk at 3:14 PM. The following business was transacted:

 

The chair laid out as a matter of pending business HB 394.

 

Senator Whitmire moved that HB 394 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 Ellis submitted a motion in writing showing aye.

 

Senator Whitmire moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 763.

 

Senator Whitmire moved that HB 763 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 Ellis submitted a motion in writing showing aye.

 

Senator Huffines moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 804.

 

Senator Huffines moved that HB 804 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 Ellis and Whitmire submitted  motions in writing showing aye.

 

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 as a matter of pending business HB 855.

 

Senator Huffines moved that HB 855 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 Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Huffines moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1049.

 

Senator Taylor moved that HB 1049 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 Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Huffines moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1542.

 

Senator Huffines moved that HB 1542 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 nays, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Taylor moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2000.

 

Senator Huffines moved that HB 2000 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 nays, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Schwertner moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2035.

 

Senator Huffines moved that HB 2035 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, 1 nay, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

The chair laid out as a matter of pending business HB 2533.

 

Senator Huffines moved that HB 2533 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 nays, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2776.

 

Senator Creighton moved that HB 2776 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 nays, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Creighton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 3024.

 

Senator Schwertner moved that HB 3024 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, 1 nay, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

The chair laid out as a matter of pending business HB 786.

 

Senator Schwertner moved that HB 786 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, 2 nays, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Creighton assumed the chair.

 

The chair laid out as a matter of pending business HB 1532.

 

Senator Watson moved that HB 1532 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, 1 nay, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

The chair laid out as a matter of pending business HB 1830.

 

Senator Watson moved that HB 1830 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 nays, 0 present not voting, and 0 absent. Senators Ellis and Whitmire submitted  motions in writing showing aye.

 

Senator Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

Senator Eltife resumed the chair.

 

There being no further business, at 3:21 PM Senator Eltife moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered.

 

 

 

 

 

 

 

__________________________________________

Senator Kevin Eltife, Chair

 

 

__________________________________________

Brady Faglie, Clerk