MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Thursday, May 1, 2003 9:00 a.m. Betty King Committee Hearing Room, 2E.20 ***** 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 Thursday, May 1, 2003, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Gonzalo Barrientos Senator Mike Jackson Senator Robert Duncan Senator Craig Estes Senator Troy Fraser Senator Juan Hinojosa Senator Jon Lindsay Senator Eddie Lucio, Jr. Senator Florence Shapiro Senator Todd Staples ***** The chair called the meeting to order at 9:05 a.m. There being a quorum present, the following business was transacted: The chair laid out SB 1925 and recognized the author, Senator Estes, 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 1925 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1925 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on SB 1925; without objection, it was so ordered. The chair laid out SB 25 and recognized the author, Senator Lucio, Jr., to explain the bill. There were no witnesses on the bill. Senator Armbrister moved that SB 25 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 25 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on SB 25; without objection, it was so ordered. The chair laid out SB 1325 and recognized the author, Senator Carona, 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 1325 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 1325 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 Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on SB 1325; without objection, it was so ordered. The chair laid out HB 1231 and recognized the Senate sponsor, Senator Lucio, Jr., 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 HB 1231 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 1231 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on HB 1231; without objection, it was so ordered. The chair laid out HB 1078 and recognized the Senate sponsor, Senator Estes, to explain the bill. There were no witnesses on the bill. Senator Armbrister moved that HB 1078 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Duncan moved that HB 1078 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 Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on HB 1078; without objection, it was so ordered. The chair laid out HB 1120 and recognized the Senate sponsor, Senator Estes, to explain the bill. There were no witnesses on this bill. Senator Armbrister moved that HB 1120 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that HB 1120 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on HB 1120; without objection, it was so ordered. The chair laid out HB 2012 and recognized the Senate sponsor, Senator Estes, to explain the bill. There were no witnesses on this bill. Senator Armbrister moved that HB 2012 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Hinojosa moved that HB 2012 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on HB 2012; without objection, it was so ordered. The chair laid out HB 1328 and recognized the Senate sponsor, Senator Estes, 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 HB 1328 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Duncan moved that HB 1328 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 Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on HB 1328; without objection, it was so ordered. The chair laid out SB 799 and recognized the author, Senator Jackson, to explain the bill. 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 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 799 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 799 do not pass but that CSSB 799 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, 0 nay, 0 present not voting, and 3 absent. Senators Estes and Shapiro requested unanimous consent to be shown voting aye on CSSB 799; without objection, it was so ordered. At 10:40 a.m. Senator Jackson assumed the chair. The chair laid out HB 839 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. There were no witnesses on the bill. Senator Jackson moved that HB 839 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lindsay moved that HB 839 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 Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on HB 839; without objection, it was so ordered. The chair laid out SB 1930 and recognized Senator Armbrister, in the absence of the author, 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 Jackson moved that SB 1930 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that SB 1930 do not pass but that CSSB 1930 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 Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on SB 1930; without objection, it was so ordered. At 10:45 a.m. Senator Armbrister resumed the chair. At 10:47 a.m. Senator Armbrister moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. At 1:35 p.m. the committee reconvened. The chair laid out SB 1761 and recognized the author, Senator Jackson, to explain the bill. 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. 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 1761 be left pending; without objection, it was so ordered. The chair laid out SB 1390 and recognized the author, Senator Duncan, to explain the bill. There were no witnesses on the bill. Senator Duncan 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 1390 be left pending awaiting arrival of the house bill; without objection, it was so ordered. The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s): SB 1934 and SB 1396 from pending business. The chair brought up SB 1396 from pending business. Senator Jackson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 Jackson requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered. Senator Hinojosa then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Hinojosa moved that SB 1396 do not pass but that CSSB 1396 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, 1 nay, 0 present not voting, and 1 absent. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on CSSB 1396; without objection, it was so ordered. The chair laid out SB 1934 and recognized the author, Senator Hinojosa, to explain the bill. There were no witnesses on the bill. Senator Hinojosa moved that SB 1934 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senators Estes, Fraser, and Shapiro requested unanimous consent to be shown voting aye on SB 1934; without objection, it was so ordered. There being no further business, at 3:15 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