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