MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Tuesday, April 10, 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 10, 2001, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator J. E. Brown None Senator Robert Duncan Senator Gonzalo Barrientos Senator David Bernsen Senator Teel Bivins Senator Tom Haywood Senator Eddie Lucio, Jr. ***** The Chair called the meeting to order at 2:20 p.m. There being a quorum present, the following business was transacted: Senator Bernsen moved adoption of the Minutes from the previous hearings held on April 3, 2001, and April 5, 2001; without objection, it was so ordered. The Chair laid out SB821 and recognized the author, Senator Truan, 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 upon request of the author. The Chair laid out SB1058 and recognized the author, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending awaiting a quorum. The Chair laid out HB453 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Public testimony was closed. The bill was left pending awaiting a quorum. Senator Bernsen assumed the Chair. The Chair laid out HB924 and recognized the Senate sponsor, Senator Brown, 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 awaiting a quorum. The Chair laid out SB1203 and recognized the author, Senator Brown, to explain the bill. Public testimony was closed. The bill was left pending awaiting a quorum. Senator Brown resumed the Chair. The Chair laid out SB1792 and recognized the author, Senator Ogden, to explain the bill. Public testimony was closed. The bill was left pending awaiting a quorum. The Chair laid out SB1207 and recognized the author, Senator Sibley, to explain the bill. Senator Bernsen sent up a committee substitute; the Chair recognized Senator Sibley to explain the difference between the committee substitute and the bill as filed. Senator Bernsen 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. The bill was left pending awaiting a quorum. The Chair laid out SB1600 and recognized the author, Senator Staples, to explain the bill. Senator Bernsen sent up a committee substitute; the Chair recognized Senator Staples to explain the difference between the committee substitute and the bill as filed. Senator Bernsen 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. The bill was left pending awaiting a quorum. The Chair laid out HB1629 and immediately withdrew it. The Chair laid out SB1771 and recognized the author, Senator Armbrister, to explain the bill. Public testimony was closed. The bill was left pending awaiting a quorum. The Chair laid out SB828 and recognized Senator Brown, in the absence of the author, to explain the bill. Senator Bernsen sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. The bill was left pending awaiting a quorum. The Chair laid out HB1629 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Senator Bernsen sent up a committee substitute; the Chair recognized Senator Armbrister to explain the difference between the committee substitute and the bill as filed. Senator Bernsen sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Public testimony was taken. HB1629 was then pulled down in order to vote on bills awaiting a quorum. Senator Bernsen moved that HB453 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that HB924 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that SB1058 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that SB1203 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that SB1207 do not pass but that CSSB1207 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that SB1792 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that SB1600 do not pass but that CSSB1600 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that SB828, as amended, be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan moved that SB1771 be reported favorably 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair again laid out HB1629. 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 SB1175 and recognized the author, Senator Wentworth, to explain the bill. Senator Lucio sent up a committee substitute; the Chair recognized Senator Wentworth 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lucio sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Lucio sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Lucio then moved to reconsider the vote by which Committee Amendment 2 was adpted; without objection, it was so ordered. Senator Lucio sent up Committee Amendment 2 as amended and moved adoption; without objection, the amendment was adopted. Senator Lucio requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Lucio then moved that the new committee substitute be adopted; without objection, it was so ordered. The bill was left pending awaiting a quorum. The Chair laid out HB906 and recognized the Senate sponsor, Senator Lucio, 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 SB1414 and recognized Senator Lucio, in the absence of the author, 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 awaiting a quorum. Senator Lucio moved that the Committee recess until the following day upon adjournment of the full Senate at Senator Brown's desk in order to vote on HB1086, SB1414 and CSSB1175; without objection; the Committee stood recessed until adjournment the next day. The Chair called the meeting back to order on April 11, 2001 at 12:05 p.m. There being a quorum present, the following business was transacted: Senator Bivins moved that SB1414 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Barrientos moved that SB1175 do not pass but that CSSB1175 be reported back 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 Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan moved that HB1086 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 Duncan 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 12:10 p.m. the Committee stood recessed subject to the call of the Chair. ________________________________ Senator J. E. Brown, Chair ________________________________ Carol McGarah, Clerk