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