MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Tuesday, April 29, 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 29, 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 6:10 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 1899 and recognized the author, Senator Staples, 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 Staples moved that SB 1899 do not pass but that CSSB 1899 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, Fraser, Lindsay and Lucio requested unanimous consent to be shown voting aye on CSSB 1899; without objection, it was so ordered. The chair laid out HB 1150 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Staples sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Staples sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Staples requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. Senator Staples then moved that the new committee substitute be adopted; 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 Staples moved that HB 1150 do not pass but that CSHB 1150 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, Fraser, Lindsay and Lucio requested unanimous consent to be shown voting aye on CSHB 1150; without objection, it was so ordered The chair laid out SB 1481 and recognized Senator Estes, in the absence of the author, to explain the bill. There were no witnesses on the bill. Senator Estes moved that SB 1481 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 Barrientos, Fraser, Lindsay, and Lucio requested unanimous consent to be shown voting aye on SB 1481; without objection, it was so ordered. The chair laid out SB 1451 and recognized Senator Duncan, in the absence of the author, to explain the bill. There were no witnesses on the bill. Senator Duncan moved that SB 1451 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. Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Fraser, Lindsay and Lucio requested unanimous consent to be shown voting aye on SB 1451; without objection, it was so ordered. At 6:30 p.m. Senator Estes assumed the chair. The chair laid out SB 24 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 Armbrister 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 Armbrister moved that SB 24 do not pass but that CSSB 24 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 Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 7:05 p.m. Senator Jackson assumed the chair. Senators Barrientos, Fraser, Lindsay, and Lucio requested unanimous consent to be shown voting aye on CSSB 24; without objection, it was so ordered. At 7:10 p.m. Senator Armbrister resumed the chair. The chair laid out HB 2382 and recognized the Senate sponsor, Senator Averitt, to explain the bill. There were no witnesses on the bill. Senator Hinojosa moved that HB 2382 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. Senators Barrientos, Fraser, Lindsay, and Lucio requested unanimous consent to be shown voting aye on HB 2382; without objection, it was so ordered. The chair laid out SB 970 and recognized the author, Senator Shapleigh, to explain the bill. Senator Estes sent up a committee substitute; the chair recognized Senator Shapleigh 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. 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 Duncan moved that SB 970 do not pass but that CSSB 970 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, Lindsay, and Lucio requested unanimous consent to be shown voting aye on CSSB 970; without objection, it was so ordered. The chair laid out SB 1570 and recognized Senator Hinojosa, in the absence of the author, to explain the bill. 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. Senator Hinojosa 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 Hinojosa moved that SB 1570 do not pass but that CSSB 1570 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Barrientos, Fraser, Lindsay, and Lucio requested unanimous consent to be shown voting aye on CSSB 1570; without objection, it was so ordered. The chair laid out SB 1494 and recognized Senator Hinojosa, in the absence of the author, to explain the bill. 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. Senator Hinojosa 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 Hinojosa moved that SB 1494 do not pass but that CSSB 1494 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Barrientos, Fraser, Lindsay and Lucio requested unanimous consent to be shown voting aye on CSSB 1494; without objection, it was so ordered. The chair laid out SB 767 and recognized the author, Senator Jackson, to explain the bill. Senator Jackson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Jackson sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Jackson sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the bill as filed. Senator Jackson requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Jackson then moved that the new committee substitute be adopted; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached SENATE COMMITTEE ON NATURAL RESOURCES Minutes Tuesday, April 29, 2003 page 5 list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Jackson moved that SB 767 do not pass but that CSSB 767 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, Fraser, Lindsay, and Lucio requested unanimous consent to be shown voting aye on CSSB 767; without objection, it was so ordered. At 7:30 p.m. Senator Jackson assumed the chair. The chair laid out HB 2021 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Senator Armbrister sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Armbrister then moved that the committee substitute be adopted; 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 Armbrister moved that HB 2021 do not pass but that CSHB 2021 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 Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Barraientos, Fraser, Lindsay, and Lucio requested unanimous consent to be shown voting aye on CSHB 2021; without objection, it was so ordered. At 7:40 p.m. Senator Armbrister resumed the chair. The chair laid out HB 1567 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Staples moved to limit the testimony on HB 1567 to two minutes each; without objection, it was so ordered. Senator Jackson sent up a committee substitute; the chair recognized Senator Bivins 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. 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 Duncan moved that HB 1567 do not pass but that CSHB 1567 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, 2 nays, 0 present not voting, and 2 absent. Senator Lindsay requested unanimous consent to be shown voting SENATE COMMITTEE ON NATURAL RESOURCES Minutes Tuesday, April 29, 2003 page 6 aye on CSHB 1567; without objection, it was so ordered. Senator Barrientos requested unanimous consent to be shown voting nay on CSHB 1567; without objection, it was so ordered. At 8:10 p.m. Senator Staples assumed the chair. The chair brought up SB 1254 from pending business. 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 Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that SB 1254 do not pass but that CSSB 1254 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 Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 8:15 p.m. Senator Armbrister resumed the chair. There being no further business, at 8:15 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