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