MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                                Tuesday, May 6, 2003 
                                     10:00 a.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, May 6, 2003, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Robert Duncan 
         Senator Mike Jackson                    Senator Juan Hinojosa 
         Senator Gonzalo Barrientos 
         Senator Craig Estes 
         Senator Troy Fraser 
         Senator Jon Lindsay 
         Senator Eddie Lucio, Jr. 
         Senator Florence Shapiro 
         Senator Todd Staples 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 10:05 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1928 and recognized the author, Senator  
         Staples, to explain the bill.  There were no witnesses on this  
         bill.  Senator Armbrister moved that SB 1928 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Staples moved that SB 1928 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  
         Staples moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senators Barrientos and Shapiro requested unanimous consent to  
         be shown voting aye on SB 1928; without objection, it was so  
         ordered. 
          
         The chair laid out SB 1933 and recognized the author, Senator  
         Staples, to explain the bill.  There were no witnesses on 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.  Senator Staples moved that SB 1933 do not  
         pass but that CSSB 1933 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 and Shapiro requested unanimous consent to  
         be shown voting aye on SB 1933; without objection, it was so  
         ordered. 
          
         The chair laid out HB 1452 and recognized Senator Staples, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         were no witnesses on the bill.  Senator Staples moved that HB  
         1452 be reported favorably 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.  Senator Staples moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on HB 1452; without objection, it was so ordered. 
          
         At 10:15 a.m. Senator Jackson assumed the chair.   
          
         The chair laid out SB 20 and recognized the author, Senator  
         Armbrister, 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 20  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples moved that  
         SB 20 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 Staples moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Barrientos and Shapiro requested unanimous consent to  
         be shown voting aye on SB 20; without objection, it was so  
         ordered. 
          
         At 10:30 a.m. Senator Armbrister resumed the chair.   
          
         The chair laid out SB 1941 and recognized Senator Lindsay, 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 Armbrister moved  
         that SB 1941 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
  
         Jackson moved that SB 1941 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 Barrientos and Shapiro requested unanimous consent to  
         be shown voting aye on SB 1941; without objection, it was so  
         ordered. 
          
         At 10:35 a.m. Senator Lindsay assumed the chair.   
          
         The chair laid out SB 1275 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Armbrister sent up  
         Committee Amendment 1 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 moved that SB 1275 be left pending to  
         await a quorum; 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 1275 do not pass but that CSSB 1275 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 Barrientos and Shapiro requested unanimous consent to  
         be shown voting aye on CSSB 1275; without objection, it was so  
         ordered. 
          
         At 10:50 a.m. Senator Armbrister resumed the chair.   
          
         At 10:50 a.m. Senator Armbrister moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 7:50 p.m. the committee reconvened.   
          
         The chair laid out SB 1239 and recognized the author, Senator  
         Barrientos, 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  
         1239 be left pending; without objection, it was so ordered.   
          
         At 8:20 p.m. Senator Staples assumed the chair.   
          
         The chair laid out HB 1378 and recognized Jason Skaggs,  
         Legislative Aide to Senator Duncan, in the absence of the Senate  
         sponsor, 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  
         1378 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that HB 1378 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 and Shapiro requested unanimous consent to  
         be shown voting aye on HB 1378; without objection, it was so  
         ordered. 
          
         At 8:45 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out SB 554 and recognized the author, Senator  
         Janek, to explain the bill.  Senator Estes sent up a committee  
         substitute; the chair recognized Senator Janek 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 Armbrister moved  
         that SB 554 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that SB 554 do not pass but that CSSB 554 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 and Shapiro requested unanimous to be shown  
         voting aye on CSSB 554; without objection, it was so ordered. 
          
         The chair laid out SB 1480 and recognized the author, Senator  
         Janek, to explain the bill.  Senator Lucio, Jr. sent up  
         Committee Amendment 1 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 Lucio, Jr. requested unanimous consent to  
         incorporate amendments into the committee substitute; without  
         objection, it was so ordered.  Senator Lucio, Jr. then moved  
         that the new committee substitute be adopted; without objection,  
         it was so ordered.  Senator Lucio, Jr. moved that SB 1480 do not  
         pass but that CSSB 1480 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.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on CSSB 1480; without objection, it was so ordered. 
          
         The chair laid out HB 1836 and recognized Senator Estes, in the  
         absence of the Senate sponsor, 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 Estes moved that  
         HB 1836 be reported favorably 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.  Senator Estes moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on HB 1836; without objection, it was so ordered. 
          
         The chair laid out SB 1935 and recognized the author, Senator  
         Fraser, to explain the bill. Senator Fraser sent up a committee  
         substitute; the chair recognized Senator Fraser to explain the  
         difference between the committee substitute and the bill as  
         filed.    Senator Fraser 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.  Senator Fraser sent up  
         Committee Amendment 3 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 Fraser requested unanimous consent to roll the  
         amendments into the committee substitute; without objection, it  
         was so ordered.  Senator Fraser then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Fraser moved that SB 1935 do not pass but that CSSB 1935  
         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. Senator  
         Fraser moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 9:45 p.m. Senator Jackson assumed the chair.   
          
         The chair laid out SB 3 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.  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 3 be left pending; without  
         objection, it was so ordered.   
          
         At 10:35 p.m. Senator Fraser assumed the chair.   
          
         The chair laid out SCR 41 and recognized the author, Senator  
         Armbrister, 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 SCR  
  
         41 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 Armbrister moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senators Barrientos and Shapiro requested unanimous consent to  
         be shown voting aye on SCR 41; without objection, it was so  
         ordered. 
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): SB 23. 
          
         The chair laid out SB 23 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 23 do not pass but that CSSB 23 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.  Senator  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on CSSB 23; without objection, it was so ordered. 
          
         The chair laid out HB 1014 and recognized the Senate sponsor,  
         Senator Armbrister, 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  
         1014 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 Armbrister moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senators Barrientos and Shapiro requested unanimous consent to  
         be shown voting aye on HB 1014; without objection, it was so  
         ordered. 
          
         At 11:55 p.m. Senator Armbrister resumed the chair.   
          
         The chair brought up SB 1582 from pending business.  Senator  
         Barrientos had previously offered a committee substitute.   
         Senator Lucio moved to withdraw the previously offered  
  
         substitute; without objection, it was so ordered.  Senator  
         Lucio, Jr. sent up a committee substitute; the chair recognized  
         Senator Lucio, Jr. to explain the difference between the  
         committee substitute and the bill as filed.  Senator Lucio, Jr.  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Lucio, Jr. moved that SB 1582 do not  
         pass but that CSSB 1582 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.  Senator Lucio, Jr. moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Shapiro requested unanimous consent to be shown voting  
         aye on CSSB 1582; without objection, it was so ordered. 
          
         There being no further business, at 12:10 a.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