MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                               Tuesday, April 3, 2001 
                           2:00 p.m. or upon adjournment 
                                   Senate Chamber 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Natural  
         Resources was held on Tuesday, April 3, 2001, in the Senate  
         Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator J. E. Brown                     Senator Gonzalo  
                                                 Barrientos 
         Senator Robert Duncan                    
         Senator David Bernsen 
         Senator Teel Bivins 
         Senator Tom Haywood  
         Senator Eddie Lucio, Jr. 
                                           
                                       ***** 
                                           
         The Chair called the meeting to order at 2:27 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Duncan moved adoption of the Minutes from the previous  
         hearing held on March 27, 2001; without objection, it was so  
         ordered.   
          
         The Chair laid out SB1454 and recognized the author, Senator  
         Lucio, to explain the bill.  Senator Lucio sent up a committee  
         substitute; the Chair recognized Senator Lucio to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Lucio moved adoption of the committee  
         substitute; without objection, it was so ordered.  Public  
         testimony was taken.  Witnesses testifying and registering on  
         the bill are shown on the attached list.  Public testimony was  
         closed.  Senator Lucio moved that SB1454 do not pass but that  
         CSSB1454 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
  
         record vote of 6 ayes, 0 nay, 0 present not voting, and 1  
         absent.  Senator Lucio moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair laid out SB305, left pending in a previous hearing,  
         and recognized the author, Senator Harris, to explain the bill.   
         Senator Lucio sent up a committee substitute; the Chair  
         recognized Senator Harris to explain the difference between the  
         committee substitute and the bill as filed.  Senator Lucio moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Lucio moved that SB305 do not pass but that  
         CSSB305 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 6 ayes, 0 nay, 0 present not voting, and 1  
         absent.   
          
         The Chair laid out CSSB310, left pending from a previous  
         hearing, and recognized the author, Senator Harris, to explain  
         the bill. Senator Lucio moved that SB310 do not pass but that  
         CSSB310 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  At 2:40 p.m., Senator Lucio  
         moved to leave the vote on CSSB 310 open for thirty minutes;  
         without objection, it was so ordered. 
          
         The Chair laid out SB1680 and recognized the author, Senator  
         Jackson, to explain the bill.  Public testimony was closed.   
         Senator Lucio moved that SB1680 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, 0 nay, 0  
         present not voting, and 2 absent.  Senator Lucio moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.    
          
         The vote left open earlier on CSSB310 was taken.  The motion  
         carried with a record vote of 4 ayes, 0 nay, 1 present not  
         voting, and 2 absent.   
          
         Senator Bivins assumed the Chair.   
          
         The Chair laid out CSSB5 and recognized the author, Senator  
         Brown, to explain the bill.  Senator Brown sent up a committee  
         substitute; the chair recognized Senator Brown to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Brown moved adoption of the committee  
         substitute; without objection, it was so ordered.   Senator  
         Brown sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Brown sent up  
         Committee Amendment 2 and moved adoption; without objection, the  
         amendment was adopted.  Senator Brown sent up Committee  
         Amendment 3 and moved adoption.  Upon further review, Senator  
         Brown pulled down Committee Amendment 3.  Senator Brown sent up  
         Committee Amendment 4 and moved adoption; without objection, the  
         amendment was adopted.   Senator Brown sent up Committee  
         Amendment 5 and moved adoption; without objection, the amendment  
  
         was adopted.  Senator Brown sent up Committee Amendment 6 and  
         moved adoption; without objection, the amendment was adopted.  
         Testimony was taken.  Witnesses testifying and registering on  
         the bill are shown on the attached list.  Senator Brown  
         requested unanimous consent to roll the amendments into a new  
         committee substitute; without objection, it was so ordered.   
         Senator Brown then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.   
          
         Senator Duncan assumed the Chair.   
          
         The Chair laid out SB1335 as amended, left pending in a previous  
         hearing, and recognized the author, Senator Brown, to explain  
         the bill.  Senator Brown sent up Committee Amendment 33 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Brown sent up Committee Amendment 34 and moved adoption;  
         without objection, the amendment was adopted.  Senator Brown  
         sent up Committee Amendment 35 and moved adoption; without  
         objection, the amendment was adopted.  Senator Brown sent up  
         Committee Amendment 36 and moved adoption; without objection,  
         the amendment was adopted.  Senator Brown sent up Committee  
         Amendment 37 and moved adoption; without objection, the  
         amendment was adopted.  Senator Brown sent up Committee  
         Amendment 38 and moved adoption; without objection, the  
         amendment was adopted.  Senator Brown sent up Committee  
         Amendment 39 and moved adoption; without objection, the  
         amendment was adopted.  Testimony was taken.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  Senator Brown requested unanimous consent to roll the  
         amendments into a committee substitute; without objection, it  
         was so ordered.  Senator Brown then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         The bill was left pending awaiting a quorum.   
          
         The Chair laid out SCR35 and recognized the author, Senator  
         Brown, to explain the bill.  The bill was left pending awaiting  
         a quorum.   
          
         Senator Brown resumed the Chair.   
          
         The Chair laid out SB1627 and recognized the author, Senator  
         Wentworth, to explain the bill.  Public testimony was taken.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed.  The bill was  
         left pending before the Committee.   
          
         The Chair laid out SB828 and recognized the author, Senator  
         Lindsay, to explain the bill.  Public testimony was taken.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed.  The bill was  
         left pending before the Committee. 
          
         Senator Bivins moved that SCR34 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 4 ayes, 0 nay, 0  
  
         present not voting, and 3 absent.  Senator Bivins moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Duncan moved that SCR35 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 4 ayes, 0 nay, 0  
         present not voting, and 3 absent.  Senator Duncan moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.       
          
         Senator Duncan moved that SB5 do not pass but that CSSB5 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 4  
         ayes, 0 nay, 0 present not voting, and 3 absent.   
          
         Senator Duncan moved that SB1335 do not pass but that CSSB1335  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 4 ayes, 0 nay, 0 present not voting, and 3 absent.   
          
         The Chair laid out SB1747 and recognized the author, Senator  
         Haywood, to explain the bill.  Public testimony was taken.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed.   
          
         SB1748 was pulled down at the request of the author. 
          
         Senator Bivins assumed the Chair.   
          
         The Chair laid out CSSB1444, left pending from a previous  
         hearing, and recognized the author, Senator Brown, to explain  
         the bill. Senator Brown sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
         Testimony was taken.  Witnesses testifying and registering on  
         the bill are shown on the attached list.   
          
         Senator Duncan assumed the Chair.   
          
         Senator Brown requested unanimous consent to roll the amendments  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Brown then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator Brown  
         moved that SB1444 do not pass but that CSSB1444 be reported back  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 4 ayes, 0  
         nay, 3 present not voting, and 0 absent.   
          
         Senator Haywood moved that SB1747 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 4 ayes, 0 nay, 0 present  
         not voting, and 3 absent.  Senator Haywood moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         There being no further business, at 4:12 p.m. the Committee  
         stood recessed subject to the call of the Chair.  Without  
         objection, it was so ordered.   
          
         _______________________________ 
         Senator J. E. Brown, Chair 
          
         _______________________________ 
         Carol McGarah, Clerk