MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Thursday, May 10, 2001 2:00 p.m. or upon adjournment Capitol Extension, Room E1.012 ***** 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 Thursday, May 10, 2001, in the Capitol Extension, Room E1.012, 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 3:13 p.m. There being a quorum present, the following business was transacted: Senator Barrientos assumed the Chair. The Chair laid out HB66 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 before the Committee. The Chair laid out HB2310 and recognized the Senate sponsor, Senator Zaffirini, 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 HB2859 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3659 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2436 and recognized the Senate sponsor, Senator Brown, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. At 3:39 p.m. Senator Brown resumed the Chair and the Committee stood at ease. At 3:50 p.m. the Chair called the Committee back to order. The Chair laid out HB3095 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB1880 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2379 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2649 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair again laid out HB2649 in order to read witnesses registering on the bill but not testifying into public record. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3670 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2997 and recognized the Senate sponsor, Senator Lucio, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2033 and recognized the Senate sponsor, Senator Lucio, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3040 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 HB2400 and recognized the Senate sponsor, Senator Moncrief, 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 Barrientos assumed the Chair. The Chair laid out HB3675 and recognized the Senate sponsor, 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. Public testimony was closed. The bill was left pending before the Committee. Senator Brown resumed the Chair. The Chair laid out HB2761 and recognized Senator Barrientos, in the absence of the Senate sponsor, Senator Cain, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB1628 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2045 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2144 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB2588 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3111 and recognized the Senate sponsor, Senator Bernsen, 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 HB3315 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Senator Bernsen sent up a committee substitute; the Chair recognized Senator Bernsen 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 before the Committee. The Chair laid out HB3653 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HCR226 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. Senator Bernsen assumed the Chair. The Chair again laid out HB66 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. The bill was left pending before the Committee. The Chair laid out HB71 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 before the Committee. Senator Brown resumed the Chair. The Chair laid out HB1281 and recognized the Senate sponsor, 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 HB2855 and recognized the Senate sponsor, 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 HB3543 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB1752 and recognized the Senate sponsor, 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 HB1426 and recognized Senator Haywood, in the absence of the Senate sponsor, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. Senator Haywood assumed the Chair. The Chair laid out HB2913 and recognized the Senate sponsor, Senator Brown, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3123 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 before the Committee. Senator Haywood moved that SB1750 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, 1 nay, 0 present not voting, and 2 absent. Senator Brown resumed the Chair. The Chair again laid out CSHB3315. Senator Duncan sent up a committee substitute; the Chair recognized Senator Duncan 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. The bill was left pending awaiting a quorum. The Chair laid out HB3023 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. Senator Bivins assumed the Chair. The Chair laid out HB3194 and recognized the Senate sponsor, 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. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3195 and recognized the Senate sponsor, 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. Public testimony was closed. The bill was left pending before the Committee. The Chair laid out HB3159 and recognized the Senate sponsor, Senator Brown, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. Senator Brown resumed the Chair. The Chair laid out HB3665 and recognized Senator Duncan, in the absence of the Senate sponsor, Senator Sibley, to explain the bill. Senator Duncan sent up a committee substitute; the Chair recognized Senator Duncan 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. Public testimony was closed. The bill was left pending before the Committee. The Chair again laid out HB 2310. Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. The bill was left pending before the Committee. The Chair laid out HB2046 and recognized Senator Duncan, in the absence of 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 HB2718 and recognized Senator Duncan, in the absence of the Senate sponsor, Senator Armbrister, to explain the bill. Public testimony was closed. The bill was left pending before the Committee. HB3628 was laid out and then pulled down at the Senate sponsor's request. Senator Duncan moved that HB66, 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 7 ayes, 0 nay, 0 present not voting, and 0 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 HB71, 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 7 ayes, 0 nay, 0 present not voting, and 0 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 HB1281 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, 1 nay, 0 present not voting, and 0 absent. Senator Bivins moved that HB1426 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that HB1628 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 HB1880 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that HB2033 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that HB2045 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 HB2046 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that HB2144 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 HB2310, 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 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that HB2379 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Lucio moved that HB2400 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan moved that HB2436 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bernsen moved that HB2588 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 HB2649 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins moved that HB2718 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that HB2761 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins moved that HB2855 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins moved that HB2859 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that HB2913 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that HB2997 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins moved that HB3023 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that HB3040 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Haywood moved that HB3095 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 Haywood moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins moved that HB3111 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 HB3159 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. Senator Duncan moved that HB3194 do not pass but that CSHB3194 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. Senator Duncan moved that HB3195 do not pass but that CSHB3195 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. Senator Duncan moved that HB3315 do not pass but that CSHB3315 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan moved that HB3543 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. Senator Duncan moved that HB3653 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that HB3659 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan moved that HB3665 do not pass but that CSHB3665 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. Senator Duncan moved that HB3670 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. Senator Bivins moved that HB3675 do not pass but that CSHB3675 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 HCR226 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Lucio moved that SB1752 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 Lucio moved that HB1258, 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 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. Senator Duncan moved that HB2529, 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 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. Senator Bivins moved that HB3544, left pending from a previous hearing, do not pass but that CSHB3544 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 Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB3628 and recognized the Senate sponsor, Senator Armbrister, 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 Lucio moved that HB3628 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, 1 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 HB3629 and recognized the Senate sponsor, Senator Armbrister, 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 Lucio moved that HB3629 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, 1 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. There being no further business, at 7:30 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