MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Tuesday, April 1, 2003 1:00 p.m. 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 Tuesday, April 1, 2003, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Florence Shapiro Senator Mike Jackson Senator Gonzalo Barrientos Senator Robert Duncan Senator Craig Estes Senator Troy Fraser Senator Juan Hinojosa Senator Jon Lindsay Senator Eddie Lucio, Jr. Senator Todd Staples ***** Senator Staples called the meeting to order at 1:10 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 1084 and recognized the author, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples moved that SB 1084 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 1084 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Jackson, Fraser, and Hinojosa requested unanimous consent to be shown voting aye on SB 1084; without objection, it was so ordered. At 1:40 p.m. Senator Armbrister assumed the chair. The chair laid out SB 1877 and recognized the author, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 1877 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 1877 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Jackson, Fraser, and Hinojosa requested unanimous consent to be shown voting aye on SB 1877; without objection, it was so ordered. At 1:50 p.m. Senator Barrientos assumed the chair. The chair laid out SB 1484 and recognized the author, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Barrientos moved that SB 1484 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lindsay moved that SB 1484 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Jackson, Fraser, and Hinojosa requested unanimous consent to be shown voting aye on SB 1484; without objection, it was so ordered. At 2:05 p.m. Senator Armbrister resumed the chair. The chair laid out SB 1140 and recognized Senator Lindsay, in the absence of the author, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 1140 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that SB 1140 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Jackson and Fraser requested unanimous consent to be shown aye on SB 1140; without objection, it was so ordered. The chair laid out SB 643 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 643 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 643 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Fraser requested unanimous consent to be shown voting aye on SB 643; without objection, it was so ordered. The chair laid out SB 860 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Barrientos sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister moved that SB 860 be left pending at the request of the author; without objection, it was so ordered. The chair laid out SB 985 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 985 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 985 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Fraser requested unanimous consent to be shown voting aye on SB 985; without objection, it was so ordered. The chair laid out SB 1016 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 1016 be left pending awaiting the arrival of the companion house bill; without objection, it was so ordered. The chair laid out SB 644 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Estes sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Estes requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Estes then moved that the committee substitute be adopted; without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 644 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that SB 644 do not pass but that CSSB 644 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 644; without objection, it was so ordered. The chair laid out SB 640 and recognized the author, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 640 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 640 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Fraser requested unanimous consent to be shown voting aye on SB 640; without objection, it was so ordered. The chair laid out SB 745 and recognized the author, Senator Williams, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Jackson sent up a committee substitute; the chair recognized Senator Williams to explain the difference between the committee substitute and the bill as filed. Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 745 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 745 do not pass but that CSSB 745 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 745; without objection, it was so ordered. The chair laid out SB 1603 and recognized the author, Senator Ellis, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Estes sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 1603 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that SB 1603 do not pass but that CSSB 1603 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 10 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:45 p.m. Senator Jackson assumed the chair. At 2:55 p.m. Senator Lucio, Jr. assumed the chair. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 1603; without objection, it was so ordered. At 3:30 p.m. Senator Jackson assumed the chair. The chair laid out SB 1265 and recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB 1265 be left pending; without objection, it was so ordered. At 3:45 p.m. Senator Armbrister resumed the chair. Senator Estes moves to reconsider CSSB 155 previously adopted; without objection, it was so ordered. Senator Estes sent up a new committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the bill as filed. Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. Senator Estes moved that SB 155 do not pass but that CSSB 155 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 2 absent. Senators Barrientos, Fraser, and Hinojosa requested unanimous consent to be shown voting aye on CSSB 155; without objection, it was so ordered. The Chair brought up SB 623 from pending business. Senator Lindsay moved to reconsider the vote by which Committee Amendment 1 was adopted; without objection, it was so ordered. Senator Lindsay moved to withdraw Committee Amendment 1; without objection, it was so ordered. Senator Lindsay sent up a new Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lindsay sent up a committee substitute previously laid out on March 18, 2003; the chair recognized Senator Lindsay to explain the difference between the committee substitute and the bill as filed. Senator Lindsay moved adoption of the committee substitute; without objection, it was so ordered. The Chair moved to re-open public testimony; without objection, it was so ordered. Joe B. Allen then testified. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lindsay requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Lindsay then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Lindsay moved that SB 623 do not pass but that CSSB 623 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 4 absent. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 623; without objection, it was so ordered. The Chair brought up SB 624 from pending business. Senator Lindsay sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lindsay sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Lindsay requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Lindsay then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Lindsay moved that SB 624 do not pass but that CSSB 624 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, 1 nay, 0 present not voting, and 3 absent. Senator Fraser requested unanimous consent to be shown voting nay on CSSB 624; without objection, it was so ordered. The Chair brought up SJR 30 from pending business. Senator Lindsay moved that SJR 30 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, 1 nay, 0 present not voting, and 3 absent. Senator Fraser requested unanimous consent to be shown voting nay on SJR 30; without objection, it was so ordered. At 5:10 p.m. Senator Estes assumed the chair. The Chair brought up SB 619 from pending business. Senator Armbrister sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Armbrister then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Armbrister moved that SB 619 do not pass but that CSSB 619 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 4 absent. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 619; without objection, it was so ordered. At 5:15 p.m. Senator Armbrister resumed the chair. The Chair then introduced a presentation by Patrick Charbonneau, Vice-President and Chief Technical Officer of International Truck and Engine Corporation. Members and staff were invited for a demonstration of diesel engine technology in the parking lot of the Capitol. There being no further business, at 5:20 p.m. Senator Armbrister moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Kenneth Armbrister, Chair ______________________ Kelly Gilbert, Clerk