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