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Minutes, Senate Committee on Business & Commerce, March 21, 2023 (88th Texas Legislature)

Summary

Minutes of a public hearing of the Senate Committee on Business & Commerce of the 88th Texas Legislature on Tuesday, March 21, 2023, in Capitol Extension, Room E1.012, chaired by Senator Charles Schwertner. The committee reported SB 768 and SB 498 favorably with recommendations for the Local & Uncontested Calendar, and recommended committee substitutes for SB 541, SB 130, SB 895, SB 1015 and SB 1001. A motion to report SB 936 by Senator Hancock did not carry, on a record vote of 4 ayes, 3 nays and 4 absent. SB 1117, SB 483, SB 1213, SB 1238, SB 821, SB 1112, SB 1120, SB 1122, SB 1002 and SB 1110 were heard and left pending.

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                                          MINUTES

                 SENATE COMMITTEE ON BUSINESS & COMMERCE
                             Tuesday, March 21, 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, March 21, 2023, in the
Capitol Extension, Room E1.012, at Austin, Texas.

                                             *****

MEMBERS PRESENT:                                     MEMBERS ABSENT:
Senator Charles Schwertner, Chair                    None
Senator Phil King, Vice Chair
Senator Brian Birdwell
Senator Donna Campbell
Senator Brandon Creighton
Senator Nathan Johnson
Senator Lois Kolkhorst
Senator José Menéndez
Senator Mayes Middleton
Senator Robert Nichols
Senator Judith Zaffirini

                                             *****

The chair called the meeting to order at 8:30 AM. There being a quorum present, the following
business was transacted:

The following members arrived after the roll was called: Senator Creighton, Senator Johnson,
Senator Kolkhorst, Senator Middleton, Senator Zaffirini.

The Chair laid out SB 768 by Senator Parker as a matter of pending business. Senator King
moved that SB 768 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 10 ayes, 0 nays, 0 present not
                                                  Senate Committee on Business & Commerce
                                                                                   Minutes
                                                                    Tuesday, March 21, 2023
                                                                                     Page 2

voting, and 1 absent. Senator King moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so ordered.

The Chair laid out SB 936 by Senator Hancock as a matter of pending business. Senator King
moved that SB 936 be reported favorably to the full Senate with the recommendation that it do
pass and be printed. The motion did not carry with a record vote of 4 ayes, 3 nays, 0 present not
voting, and 4 absent.

The Chair laid out CSSB 541 by Senator Campbell as a matter of pending business. Senator
Campbell moved adoption of the committee substitute. Without objection, it was so ordered.
Senator Campbell moved that SB 541 do not pass but the committee substitute do pass and be
printed. The motion carried with a record vote of 10 ayes, 1 nay, 0 present not voting, and 0
absent.

The Chair laid out CSSB 130 by Senator Campbell as a matter of pending business. Senator
Campbell moved adoption of the committee substitute. Without objection, it was so ordered.
Senator Campbell moved that SB 130 do not pass but the committee substitute do pass and be
printed. The motion carried with a record vote of 8 ayes, 3 nays, 0 present not voting, and 0
absent.

The Chair laid out SB 498 by Senator Johnson as a matter of pending business. Senator Johnson
moved that SB 498 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 11 ayes, 0 nays, 0 present not
voting, and 0 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 SB 895 by Senator Johnson as a matter of pending business. Senator Johnson
sent up the committee substitute to SB 895. The Chair recognized the author to explain the
difference between the committee substitute and the bill as filed. Senator Johnson moved
adoption of the committee substitute; without objection, it was so ordered. Senator Johnson
moved that SB 895 do not pass but the committee substitute do pass and be printed. The motion
carried with a record vote of 10 ayes, 1 nay, 0 present not voting, and 0 absent.

The Chair laid out CSSB 1015 by Senator King as a matter of pending business. Senator King
moved adoption of the committee substitute. Without objection, it was so ordered. Senator King
moved that SB 1015 do not pass but the committee substitute do pass and be printed. The motion
carried with a record vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. Senator King
                                                    Senate Committee on Business & Commerce
                                                                                     Minutes
                                                                      Tuesday, March 21, 2023
                                                                                       Page 3

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

The Chair laid out SB 1016 by Senator King as a matter of pending business. Senator King sent
up the committee substitute to SB 1016. The Chair recognized the author to explain the
difference between the committee substitute and the bill as filed. Senator King moved the
adoption of the committee substitute; without objection, it was so ordered. Senator King moved
that SB 1016 do not pass but the committee substitute do pass and be printed. The motion carried
with a record vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair moved that
the bill be recommended for placement on the Local & Uncontested Calendar; without objection,
it was so ordered.

The Chair moved to reconsider the vote for SB 936 which failed to reach an affirmative vote
earlier in the meeting. The motion to reconsider carried with a record vote of 8 ayes, 3 nays, 0
present not voting, and 0 absent. The Chair moved that SB 936 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 8 ayes, 3 nays, 0 present not voting, and 0 absent.

Senator Zaffirini asked the Chair for unanimous consent to be shown voting aye on SB 768 and
CSSB 541. Without objection, it was so ordered.

The Chair laid out SB 1117 and recognized the author, Senator Hancock, to explain the bill.
Senator King sent up the committee substitute to SB 1117. The Chair recognized the author to
explain the difference in the substitute and the 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. The Chair moved that SB 1117 be left pending; without
objection, it was so ordered.

The Chair laid out SB 483 and recognized the author, Senator Johnson, 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 SB 483 be left
pending; without objection, it was so ordered.

The Chair laid out SB 1213 and recognized the author, 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 SB 1213 be left
pending; without objection, it was so ordered.
                                                   Senate Committee on Business & Commerce
                                                                                    Minutes
                                                                     Tuesday, March 21, 2023
                                                                                      Page 4

Senator Nichols assumed the chair.

The Chair laid out SB 1001 by Senator Schwertner as a matter of pending business. Senator
Schwertner sent up the committee substitute to SB 1001. The Chair recognized the author to
explain the difference between the committee substitute and the bill as filed. The Chair opened
public testimony. The Chair moved that the public testimony be closed; without objection, it was
so ordered. The Chair moved the adoption of the committee substitute; without objection, it was
so ordered. The Chair moved that SB 1001 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 Schwertner moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.

Senator Schwertner resumed the chair.

The Chair laid out SB 1238 and recognized the author, Senator Nichols, to explain the bill.
Senator Nichols sent up the committee substitute to SB 1238. The Chair recognized the author to
explain the difference in the substitute and the bill as filed. The Chair moved adoption of the
committee substitute; 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. The Chair moved that CSSB 1238 be left pending; without
objection, it was so ordered.

The Chair laid out SB 821 and recognized the author, Senator Nichols, to explain the bill.
Senator Nichols sent up the committee substitute to SB 821. The Chair recognized the author to
explain the difference in the substitute and the bill as filed. The Chair moved adoption of the
committee substitute; without objection, it was so ordered. 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 CSSB 821 be left pending; without
objection, it was so ordered.

Senator Nichols assumed the chair.

The Chair laid out SB 1112 and recognized the author, Senator Schwertner, to explain the bill.
Senator Schwertner sent up the committee substitute to SB 1112. The Chair recognized the
author to explain the difference between the committee substitute and the bill as filed.
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 SB 1112 be left
pending; without objection, it was so ordered.
                                                  Senate Committee on Business & Commerce
                                                                                   Minutes
                                                                    Tuesday, March 21, 2023
                                                                                     Page 5


The Chair laid out SB 1120 and recognized the author, Senator Schwertner, 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 SB 1120 be left
pending; without objection, it was so ordered.

The Chair laid out SB 1122 and recognized the author, Senator Schwertner, to explain the bill.
Senator Schwertner sent up the committee substitute to SB 1122. The Chair recognized the
author to explain the difference between the committee substitute and the 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. The Chair moved that SB 1122
be left pending; without objection, it was so ordered.

Senator Schwertner resumed the chair.

The Chair laid out SB 796 and recognized the author, Senator Middleton, to explain the bill.
Senator Middleton sent up the committee substitute to SB 796. The Chair recognized the author
to explain the difference between the committee substitute and the bill as filed. The Chair moved
adoption of the committee substitute; 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.

At 10:49 AM, the Chair moved that the Committee stand recessed subject to the call of the chair.

At 2:05 PM, the Chair called the meeting back to order.

The Chair resumes consideration of the committee substitute to SB 796 by Senator Middleton.
Senator Middleton moved that SB 796 do not pass but the committee substitute do pass and be
printed. The motion carried with a record vote of 10 ayes, 0 nays, 0 present not voting, and 1
absent.

Senator King assumed the chair.

The Chair laid out SB 1002 and recognized the author, 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
SB 1002 be left pending; without objection, it was so ordered.
                                                  Senate Committee on Business & Commerce
                                                                                   Minutes
                                                                    Tuesday, March 21, 2023
                                                                                     Page 6

The Chair laid out SB 1110 and recognized the author, Senator Schwertner, to explain the bill.
Senator Schwertner sent up the committee substitute to SB 1110. The Chair recognized the
author to explain the difference between the committee substitute and the 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. The Chair moved that SB 1110
be left pending; without objection, it was so ordered.

There being no further business, at 3:20 PM 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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