MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                              Tuesday, April 22, 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 22, 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 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:25 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1902 and recognized Senator Barrientos, in  
         the absence of the author, to explain the bill.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  Senator Lucio, Jr. sent up Committee Amendment 1 and  
         moved adoption; without objection, the amendment was adopted.   
         The chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lucio, Jr. requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Lucio, Jr. then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Lucio, Jr. moved  
         that SB 1902 do not pass but that CSSB 1902 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 Lucio, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senators Barrientos, Duncan, Estes and Hinojosa requested  
         unanimous consent to be shown voting aye on CSSB 1902; without  
  
         objection, it was so ordered. 
          
         At 3:05 p.m. Senator Barrientos assumed the chair.  
          
         The chair laid out SB 1396 and recognized the author, Senator  
         Hinojosa, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.   
          
         At 3:20 p.m. Senator Armbrister resumed the chair.   
          
          Senator Hinojosa sent up a committee substitute; the chair  
         recognized Senator Hinojosa to explain the difference between  
         the committee substitute and the bill as filed. The chair moved  
         that the public testimony be closed; without objection, it was  
         so ordered.   Senator Armbrister moved that SB 1396 be left  
         pending awaiting arrival of the house bill; without objection,  
         it was so ordered.   
          
         At 4:00 p.m. Senator Lucio, Jr. assumed the chair.   
          
         The chair laid out SB 1254 and recognized the author, Senator  
         Armbrister, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Armbrister sent up a committee substitute; the chair recognized  
         Senator Armbrister to explain the difference between the  
         committee substitute and the bill as filed.  The chair moved  
         that the public testimony be closed; without objection, it was  
         so ordered.  Senator Armbrister moved that SB 1254 be left  
         pending awaiting arrival of the house bill; without objection,  
         it was so ordered.   
          
         The chair laid out SB 1713 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 Lucio, Jr. moved that SB  
         1713 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that SB 1713 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 Barrientos, Duncan, Estes, and Hinojosa requested  
         unanimous consent to be shown voting aye on SB 1713; without  
         objection, it was so ordered. 
          
         The chair laid out SB 1633 and recognized the author, Senator  
         Wentworth, to explain the bill.  Senator Lindsay sent up a  
         committee substitute; the chair recognized Senator Wentworth to  
         explain the difference between the committee substitute and the  
         bill as filed. Witnesses testifying and registering on the bill  
         are shown on the attached list.  Senator Barrientos sent up                                                                              
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted. The chair moved that the public testimony  
         be closed; without objection, it was so ordered.    Senator  
         Staples requested unanimous consent to roll the amendments into  
         a committee substitute; without objection, it was so ordered.   
         Senator Staples then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Senator Jackson  
         moved that SB 1633 do not pass but that CSSB 1633 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. 
          
         Senators Barrientos, Duncan, Estes, and Hinojosa requested  
         unanimous consent to be shown voting aye on CSSB 1633; without  
         objection, it was so ordered.    
          
         At 4:25 p.m. Senator Lindsay assumed the chair.   
          
         The chair laid out SB 1700 and recognized the author, Senator  
         Wentworth, to explain the bill.  Senator Barrientos sent up a  
         committee substitute; the chair recognized Senator Wentworth to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Barrientos moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         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 Jackson  
         moved that SB 1700 do not pass but that CSSB 1700 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.   
          
         Senators Barrientos, Duncan, Estes, and Hinojosa requested  
         unanimous consent to be shown voting aye on CSSB 1700; without  
         objection, it was so ordered. 
          
         At 4:35 p.m. Senator Jackson assumed the chair.   
          
         The chair laid out SB 1582 and recognized the author, Senator  
         Wentworth, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Barrientos sent up a committee substitute; the chair recognized  
         Senator Wentworth to explain the difference between the  
         committee substitute and the bill as filed.  The chair moved  
         that the public testimony be closed; without objection, it was  
         so ordered.  Senator Armbrister  moved that SB 1582 be left  
         pending at the request of the author; without objection, it was  
         so ordered.   
          
         The chair laid out SB 1883 and recognized the author, Senator  
         Janek, 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 Jackson moved that SB 1883  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Jackson moved that  
         SB 1883 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 Jackson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Barrientos, Duncan, Estes, and Hinojosa requested  
         unanimous consent to be shown voting aye on SB 1883; without  
         objection, it was so ordered. 
          
         The chair laid out SB 1884 and recognized the author, Senator  
         Janek, 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 Jackson moved that SB  
         1884 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Jackson moved  
         that SB 1884 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 Jackson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Barrientos, Duncan, Estes, and Hinojosa requestred  
         unanimous consent to be shown voting aye on SB 1884; without  
         objection, it was so ordered. 
          
         The chair laid out SB 1885 and recognized the author, Senator  
         Janek, to explain the bill.  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.   
         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 Lindsay  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Lindsay then moved that the committee substitute be  
         adopted; without objection, it was so ordered. Senator Jackson  
         moved that SB 1885 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Lindsay moved that SB 1885 do not pass but that CSSB 1885 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  
         Jackson moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senators Barrientos, Duncan, Estes, and Hinojosa requested                                                                             
         unanimous consent to be shown voting aye on CSSB 1885; without  
         objection, it was so ordered. 
          
         The chair laid out SB 1897 and recognized Senator Barrientos, in  
         the absence of the author, to explain the bill.  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.  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 Lindsay requested unanimous consent to roll  
         the amendments into a committee substitute; without objection,  
         it was so ordered.  Senator Lindsay then moved that the  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Lindsay moved that SB 1897 do not pass but  
         that CSSB 1897 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 Lindsay moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Barrientos, Duncan, Estes, and Hinojosa requested  
         unanimous consent to be shown voting aye on CSSB 1897; without  
         objection, it was so ordered. 
          
         The chair laid out SB 1550 and recognized the author, Senator  
         Duncan, 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 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 that SB 1550 be left  
         pending awaiting arrival of the house bill; without objection,  
         it was so ordered.   
          
         The chair laid out SB 1378 and recognized Senator Staples, in  
         the absence of the author, to explain the bill.  Senator Staples  
         sent up a committee substitute; the chair recognized Senator  
         Staples to explain the difference between the committee  
         substitute and the bill as filed.  Senator Staples moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  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 Jackson moved that SB 1378 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Jackson moved that SB 1378 do not pass but that  
         CSSB 1378 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.  Senator Staples moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without                                                                             
         objection, it was so ordered.   
          
         Senators Barrientos, Duncan, and Estes requested unanimous  
         consent to be shown voting aye on CSSB 1378; without objection,  
         it was so ordered.  
          
         The chair laid out SB 1379 and recognized Senator Staples, 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 Staples moved  
         that SB 1379 be reported favorably 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, Duncan, and Estes requested unanimous  
         consent to be shown voting aye on SB 1379; without objection, it  
         was so ordered. 
          
         The chair laid out SB 1385 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Armbrister moved that  
         SB 1385 be left pending awaiting arrival of the house bill;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1263 and recognized the author, Senator  
         Armbrister, to explain the bill. Senator Armbrister sent up a  
         committee substitute; the chair recognized Senator Armbrister to  
         explain the difference between the committee substitute and the  
         bill as filed.       
          
         Senator Lindsay sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Fraser sent up Committee Amendment 2 and moved adoption; without  
         objection, the amendment was adopted.  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 Jackson requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Jackson then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Jackson moved  
         that SB 1263 do not pass but that CSSB 1263 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 8 ayes, 1  
         nay, 0 present not voting, and 2 absent.   
          
         Senators Duncan, and  Estes requested unanimous consent to be  
         shown voting aye on CSSB 1263; without objection, it was so  
         ordered.  Senator Hinojosa requested unanimous consent to be  
         shown voting nay on CSSB 1263; without objection, it was so  
         ordered. 
          
         At 6:55 p.m. Senator Armbrister resumed the chair. 
                                                                            
         There being no further business, at 7:15 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