Minutes — Senate Committee on Business & Commerce (May 16, 2023)

Summary

Minutes of the Senate Committee on Business & Commerce public hearing on Tuesday, May 16, 2023, called to order at 8:30 AM by Senator Robert Nichols, the acting chair. The Chair laid out many bills and left them pending, including HB 3536, HB 4142, HB 1553, HB 2188, HB 2495, HB 4012, CSHB 4084, HB 3730 and CSHB 471, and the rules were suspended to add HB 4123 to the posting for May 16, 2023. On later record votes of 9 ayes, 0 nays, 2 absent, the committee passed HB 3730, HB 3536, HB 2366, HB 4246, HB 1553, HB 2188, HB 4142, HB 2495, CSHB 471 and HB 5066; HB 3208 received 7 ayes, 2 nays, 2 absent. The committee stood recessed at 10:12 AM.

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MINUTES

SENATE
COMMITTEE ON BUSINESS & COMMERCE

Tuesday,
May 16, 2023

8:30
AM

Capitol
Extension, Room E1.012

*****

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 16, 2023,
in the Capitol Extension, Room E1.012, at Austin, Texas.

*****

MEMBERS PRESENT: | MEMBERS ABSENT:
Senator Charles
 Schwertner, Chair | Senator Lois Kolkhorst
Senator Phil King, Vice
 Chair
Senator Brian Birdwell
Senator Donna Campbell
Senator Brandon
 Creighton
Senator Nathan Johnson
Senator José Menéndez
Senator Mayes Middleton
Senator Robert Nichols
Senator Judith
 Zaffirini

*****

Senator Robert Nichols,
the acting chair, called the meeting to order at 8:30 AM.

The Chair laid out HB 3536
and recognized the Senate sponsor, Senator Paxton, to explain the

bill. Individuals
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 3536 be left pending; without objection, it was so ordered.

The Chair laid out HB 4142
and recognized the Senate sponsor, Senator Birdwell, to explain the

bill. No witnesses
testified or registered on the bill. The Chair moved that the public testimony
be closed; without objection, it was so ordered. The Chair moved that HB 4142
be left pending; without objection, it was so ordered.

Senator Birdwell assumed
the chair.

The Chair laid out HB 1553
and recognized the Senate sponsor, Senator Nichols, to explain the

bill. Individuals
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 1553 be left pending; without objection, it was so ordered.

Senator Nichols resumed
the chair.

The Chair laid out HB 2188
and recognized the Senate sponsor, Senator Campbell, 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 2188 be
left pending; without objection, it was so ordered.

The Chair laid out HB 2495,
sponsored by Senator Johnson, and recognized Senator Menéndez to explain the bill.
Individuals 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 2495 be
left pending; without objection, it was so ordered.

The Chair laid out HB 4012
and recognized the Senate sponsor, Senator Zaffirini, to explain the

bill. Individuals
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 4012 be left pending; without objection, it was so ordered.

The Chair laid out HB 4084
and recognized the Senate sponsor, Senator Zaffirini, to explain

the bill. Senator
Zaffirini sent up the committee substitute to HB 4084. The Chair recognized

the author to explain the
difference between the committee substitute and the bill as engrossed.

Individuals 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
CSHB 4084 be left pending; without objection, it was so ordered.

The Chair laid out HB 3730
and recognized the Senate sponsor, Senator Hughes, to explain the

bill. Individuals
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 3730 be left pending; without objection, it was so ordered.

The Chair laid out HB 471
and recognized the Senate sponsor, Senator Schwertner, to explain

the bill. Senator
Schwertner sent up the committee substitute to HB 471. The Chair recognized

the author to explain the
difference between the committee substitute and the bill as engrossed.

Witnesses testifying and
registering on the bill are shown on the attached list.

The Chair called the
roll. There being 8 present, a quorum was established.

The Chair moved that the
public testimony be closed; without objection, it was so ordered. The Chair
moved that CSHB 471 be left pending; without objection, it was so ordered.

The Chair laid out HB 3615
and recognized the Senate sponsor, Senator Schwertner, 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 3615 be
left pending; without objection, it was so ordered.

Senator Schwertner
assumed the chair.

The Chair laid out HB 2366
and recognized the Senate sponsor, Senator LaMantia, to explain the

bill. Individuals
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 2366 be left pending; without objection, it was so ordered.

The Chair laid out HB 3208
and recognized the Senate sponsor, Senator LaMantia, to explain the

bill. Individuals
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 3208 be left pending; without objection, it was so ordered.

The Chair laid out HB 4246
and recognized the Senate sponsor, Senator LaMantia, 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 4246 be
left pending; without objection, it was so ordered.

Senate Rule 11.10 and
11.18, and all other necessary rules were suspended to add HB 4123 to the
Senate Committee on Business and Commerce posting for May 16, 2023.

The Chair laid out HB 4123
and recognized the Senate sponsor, Senator Zaffirini, to explain the

bill. Individuals
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 4123 be left pending; without objection, it was so ordered.

The Chair laid out HB 4316
and recognized the Senate sponsor, Senator Zaffirini, to explain the

bill. Individuals
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 4316 be left pending; without objection, it was so ordered.

The Chair laid out HB 4417
and recognized the Senate sponsor, Senator Zaffirini, to explain the

bill. Individuals
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 4417 be left pending; without objection, it was so ordered.

The Chair laid out HB 3310
and recognized the Senate sponsor, Senator Middleton, to explain the bill. Individuals
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 3310 be left pending; without objection, it was so ordered.

The Chair laid out HB 3311
and recognized the Senate sponsor, Senator Middleton, to explain the bill. Individuals
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 3311 be left pending; without objection, it was so ordered.

The Chair laid out HB 3485
and recognized the Senate sponsor, Senator Johnson, 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 3485 be
left pending; without objection, it was so ordered.

The Chair laid out HB 3743,
sponsored by Senator Kolkhorst, and recognized Senator Menéndez to explain the bill.
Individuals 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 3743 be
left pending; without objection, it was so ordered.

The Chair laid out HB 4416,
sponsored by Senator Kolkhorst, and recognized Senator Menéndez to explain the bill.
Individuals 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 4416 be left pending; without objection, it was so ordered.

The Chair laid out HB 2314,
sponsored by Senator Kolkhorst, and recognized Senator Menéndez 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 2314 be left pending; without
objection, it was so ordered.

The Chair laid out HB 3730,
sponsored by Senator Hughes, as a matter of pending business.

Senator Nichols moved
that HB 3730 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 3536,
sponsored by Senator Paxton, as a matter of pending business.

Senator Nichols moved
that HB 3536 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 2366,
sponsored by Senator LaMantia, as a matter of pending business.

Senator Nichols moved
that HB 2366 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 3208,
sponsored by Senator LaMantia, as a matter of pending business.

Senator Nichols moved
that HB 3208 be reported favorably to the full 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 2 absent.

The Chair laid out HB 4246,
sponsored by Senator LaMantia, as a matter of pending business.

Senator Nichols moved
that HB 4246 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 1553,
sponsored by Senator Nichols, as a matter of pending business.

Senator Nichols moved
that HB 1553 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 2188,
sponsored by Senator Campbell, as a matter of pending business.

Senator Campbell moved
that HB 2188 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 4142,
sponsored by Senator Birdwell, as a matter of pending business.

Senator Nichols moved
that HB 4142 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 2495,
sponsored by Senator Johnson, as a matter of pending business.

Senator Johnson moved
that HB 2495 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 3485,
sponsored by Senator Johnson, as a matter of pending business.

Senator Johnson moved
that HB 3485 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 3310,
sponsored by Senator Middleton, as a matter of pending business.

Senator Middleton moved
that HB 3310 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 3311,
sponsored by Senator Middleton, as a matter of pending business.

Senator Middleton moved
that HB 3311 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 3743,
sponsored by Senator Kolkhorst, as a matter of pending business.

Senator Nichols moved
that HB 3743 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 4416,
sponsored by Senator Kolkhorst, as a matter of pending business.

Senator King moved that
HB 4416 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 2314,
sponsored by Senator Kolkhorst, as a matter of pending business.

Senator King moved that
HB 2314 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 4012,
sponsored by Senator Zaffirini, as a matter of pending business.

Senator Zaffirini moved
that HB 4012 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 4316,
sponsored by Senator Zaffirini, as a matter of pending business.

Senator Zaffirini moved
that HB 4316 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 4417,
sponsored by Senator Zaffirini, as a matter of pending business.

Senator Zaffirini moved
that HB 4417 be reported favorably to the full 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 2 absent. The Chair moved that the bill be recommended for

placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

The Chair laid out HB 1588,
sponsored by Senator Middleton, as a matter of pending business.

Senator Middleton sent up
the committee substitute to HB 1588. The Chair recognized the Senate Sponsor to
explain the difference between the committee substitute and the bill as
engrossed. Senator Middleton moved adoption of the committee substitute;
without objection, it was so ordered. Senator Middleton moved that HB 1588 do
not pass but the committee substitute do pass and be printed. The motion
carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 2
absent. The Chair moved that the bill be recommended for placement on the Local
& Uncontested Calendar; without objection, it was so ordered.

Senator King assumed the
chair.

The Chair laid out CSHB 471,
sponsored by Senator Schwertner, as a matter of pending business. Senator Nichols
moved adoption of the committee substitute; without objection, it was so ordered.
Senator Nichols moved that HB 471 do not pass but the committee substitute do
pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0
present not voting, and 2 absent. Senator Nichols moved that the bill be
recommended for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.

The Chair laid out HB 5066,
sponsored by Senator Schwertner, as a matter of pending business.

Senator Nichols sent up
the committee substitute to HB 5066. The Chair recognized the Senate Sponsor to
explain the difference between the committee substitute and the bill as
engrossed. Senator Nichols moved adoption of the committee substitute; without
objection, it was so ordered. Senator Nichols moved that HB 5066 do not pass
but the committee substitute do pass and be printed. The motion carried with a
record vote of 9 ayes, 0 nays, 0 present not voting, and 2 absent. Senator
Nichols moved that the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.

Senator Schwertner
resumed the chair.

There being no further
business, at 10:12 AM, the Chair moved that the Committee stand recessed subject
to the call of the chair. Without objection, it was so ordered.

__________________________________________

Senator Charles
Schwertner, Chair

__________________________________________

Annika Vandayar, Clerk

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