Minutes — Senate Committee on Business & Commerce (88R, May 16, 2023)

Summary

Minutes of the Senate Committee on Business & Commerce for Tuesday, May 16, 2023, 8:30 AM, in the Capitol Extension, Room E1.012, Austin, Texas. Senator Robert Nichols, the acting chair, called the meeting to order at 8:30 AM. HB 3536 was explained by Senate sponsor Senator Paxton and left pending. On HB 4142, whose Senate sponsor was Senator Birdwell, no witnesses testified or registered. HB 5066, sponsored by Senator Schwertner, had a record vote of 9 ayes, 0 nays, 0 present not voting, and 2 absent, and the Chair moved that the committee stand recessed at 10:12 AM.

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Issuer: Congressional materials
Document type: 88R Minutes C5102023051608301
Case: 88R Minutes C5102023051608301

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“Minutes — Senate Committee on Business & Commerce (88R, May 16, 2023).” Original at capitol.texas.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/88r-minutes-c5102023051608301/, SHA-256 c923bf1536bcebdf0efaf3ae477fb7a3b26affd5d673eed5f40c76c42f12ff27.

Full text

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.
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 2

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
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 3

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.
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 4

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.
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 5

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.
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 6

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
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 7

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
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 8

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
Senate Committee on Business & Commerce
Minutes
Tuesday, May 16, 2023
Page 9

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