MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Tuesday, May 8, 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, May 8, 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 2:32 p.m. There being
a quorum present, the following business was transacted:
The Chair laid out HB247 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Lucio sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Public testimony was closed. Senator
Lucio moved that HB247, as amended, 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 Lucio moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out HB892 and recognized the Senate sponsor,
Senator Duncan, 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.
Senator Duncan moved that HB892 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.
The Chair laid out HB2794 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Senator Lucio sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. 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
HB2794, as amended, 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 Lucio moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB2947 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Public testimony was
closed. Senator Lucio moved that HB2947 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 Chair laid out HB85 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Public testimony was
closed. The bill was left pending awaiting a quorum.
The Chair laid out HB3096 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Public testimony was
closed. The bill was left pending awaiting a quorum.
The Chair laid out HB819 and recognized the Senate sponsor,
Senator Duncan, 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.Senator
Duncan moved that HB819 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 HB85 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.
Senator Duncan moved that HB3096 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.
The Chair laid out HB2091 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. Public testimony was
closed. Senator Haywood moved that HB2091 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 Haywood moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out HB3673 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. Senator Bivins sent up a
committee substitute; the Chair recognized Senator Bivins to
explain the difference between the committee substitute and the
bill as filed. Senator Bivins moved adoption of the committee
substitute; without objection, it was so ordered. Public
testimony was closed. Senator Bivins moved that HB3673 do not
pass but that CSHB3673 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 Bivins moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Duncan assumed the Chair.
The Chair laid out HB3329 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown sent up
Committee Amendment 1 and Senator Bivins moved adoption; without
objection, the amendment was adopted. Senator Bivins sent up
Committee Amendment 2. 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 Brown resumed the Chair.
The Chair laid out HB3642 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. Public testimony was
closed. Senator Haywood moved that HB3642 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 Haywood moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out HB3674 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. Public testimony was
closed. The bill was left pending awaiting a quorum.
The Chair laid out HB3037 and recognized Senator Bivins, in the
absence of the Senate sponsor, 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 HB2246 and recognized Senator Bivins, in the
absence of the Senate sponsor, Senator Staples, 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 Bivins assumed the Chair.
The Chair laid out HB2403 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Public testimony was closed. The bill
was left pending awaiting a quorum.
The Chair laid out HB2404 and recognized the Senate sponsor,
Senator Brown, to explain the bill. 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. Public testimony was closed. The bill was left
pending awaiting a quorum.
The Chair laid out HJR81 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Public testimony was closed. The bill
was left pending awaiting a quorum.
The Chair laid out HB2787 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Public testimony was closed. The bill
was left pending awaiting a quorum.
Senator Brown resumed the Chair.
At 4:35 p.m., the Committee stood at ease.
The Committee came back to order at 4:45 p.m.
The Chair laid out HB3587 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill. Senator Barrientos
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. 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 HB3655 and recognized the Senate sponsor,
Senator Ogden, to explain the bill. Senator Duncan sent up a
committee substitute; the Chair recognized Senator Ogden to
explain the difference between the committee substitute and the
bill as filed. Senator Duncan moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Duncan sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Duncan sent up
Committee Amendment 2 and moved adoption; without objection, the
amendment was adopted. Senator Duncan requested unanimous
consent to roll the amendments into a new 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 HB3651 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Public testimony was
closed. The bill was left pending before the Committee.
The Chair laid out HB3652 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Public testimony was
closed. The bill was left pending before the Committee.
At 5:15 p.m., the Committee stood at ease.
At 5:28 p.m., the Committee came back to order.
The Chair laid out HB3483 and recognized the Senate sponsor,
Senator Sibley, 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 again laid out HB3651. Senator Barrientos sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. The bill was left pending awaiting a
quorum.
The Chair again laid out HB3652. Senator Barrientos sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. The bill was left pending awaiting a
quorum.
Senator Barrientos moved that HB2403, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent. Senator
Barrientos moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Barrientos moved that HB2404, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent. Senator Lucio
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Lucio moved that HB2246 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 Lucio moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Barrientos moved that HB2787, 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 4
ayes, 0 nay, 0 present not voting, and 3 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 HB3037 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill. Senator Barrientos
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Barrientos sent
up Committee Amendment 2 and moved adoption; without objection,
the amendment was adopted. Senator Barrientos sent up Committee
Amendment 3 and moved adoption; without objection, the amendment
was adopted. Senator Barrientos moved that HB3037, as amended,
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
Barrientos moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Lucio moved that HB3329, 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 4 ayes,
0 nay, 0 present not voting, and 3 absent. Senator Lucio moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Barrientos moved that HB3483 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 Barrientos moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Barrientos moved that HB3587, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent.
Senator Lucio moved that HB3651, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent. Senator Lucio
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Lucio moved that HB3652, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent. Senator Lucio
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair again laid out HB3655. Senator Barrientos moved to
reconsider the vote by which Committee Amendments 1, 2 and 3
were incorporated into the committee substitute; without
objection, it was so ordered. Senator Barrientos moved to
reconsider the vote by which Committee Amendment 1 was adopted;
without objection, it was so ordered. Senator Barrientos moved
to reconsider the vote by which Committee Amendment 2 was
adopted; without objection, it was so ordered. Senator
Barrientos moved to reconsider the vote by which Committee
Amendment 3 was adopted; without objection, it was so ordered.
Senator Barrientos sent up Committee Amendment 4; without
objection, the amendment was adopted. Senator Barrientos
requested unanimous consent to roll Committee Amendment 4 into
the committee substitute; without objection, it was so ordered.
Senator Barrientos then moved that the committee substitute be
adopted; without objection, it was so ordered. Senator
Barrientos moved that HB3655 do not pass but that CSHB3655 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
Barrientos moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Bivins moved that HB3674 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 Barrientos moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Barrientos moved that HJR81, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent.
Senator Barrientos moved that HB787, as amended and left pending
from a previous hearing, 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 Barrientos moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Bivins moved that HB981, left pending from a previous
hearing, 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 Lucio moved that HB1038, left pending from a previous
hearing, 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 Lucio moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Barrientos moved that HB1110, left pending from a
previous hearing, 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 Barrientos moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Lucio moved that HB1838, left pending from a previous
hearing, 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 Lucio moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Barrientos moved that HB1909, left pending from a
previous hearing, 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 Barrientos moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Barrientos moved that HB2005, as amended and left
pending from a previous hearing, 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 Barrientos moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Lucio moved that HB2362, left pending from a previous
hearing, 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 Barrientos moved that HB2571, as amended and left
pending from a previous hearing, 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 Barrientos moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Bivins moved that HB2586, left pending from a previous
hearing, 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.
The Chair laid out HB2847, left pending from a previous hearing.
Senator Bivins sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Bivins
moved that HB2847, as amended, 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 Bivins moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Lucio moved that HB3034, left pending from a previous
hearing, 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 Lucio moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Barrientos moved that HB3404 do not pass but that
CSHB3404, left pending from a previous hearing, 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 Barrientos
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Duncan moved that HB3635, left pending from a previous
hearing, 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 Barrientos moved that HB3640, left pending from a
previous hearing, 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 Barrientos moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Duncan moved that HCR105, left pending from a previous
hearing, 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.
There being no further business, at 6:18 p.m. Senator Brown
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________________
Senator J. E. Brown, Chair
______________________________
Carol McGarah, Clerk