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