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