MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                               Tuesday, May 13, 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 13, 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 Florence Shapiro 
         Senator Gonzalo Barrientos 
         Senator Craig Estes 
         Senator Troy Fraser 
         Senator Juan Hinojosa 
         Senator Jon Lindsay 
         Senator Eddie Lucio, Jr. 
         Senator Todd Staples 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 10:10 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out HB 2470 and recognized the Senate sponsor,  
         Senator Jackson, 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  
         2470 be left pending to await a quorum; without objection, it  
         was so ordered.  
          
         The chair laid out HB 2300 and recognized Senator Jackson, 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 2300 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out HB 917 and recognized Commissioner Jerry  
         Patterson, 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 917 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB 547 and recognized the Senate sponsor,  
         Senator Averitt, to explain the bill.  Senator Jackson sent up  
         Committee Amendment 1 and Senator Averitt explained the  
         amendment. 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 547 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB 2351 and recognized the Senate sponsor,  
         Senator Averitt, to explain the bill.  There were no witnesses  
         on the bill.  Senator Armbrister moved that HB 2351 be left  
         pending to await a quorum; without objection, it was so ordered.  
          
         At 10:25 a.m. Senator Jackson assumed the chair.   
          
         The chair laid out HB 1152 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 Jackson moved that HB  
         1152 be left pending to await a quorum; without objection, it  
         was so ordered. 
          
         The chair laid out HB 2654 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 Jackson moved that HB  
         2654 be left pending to await a quorum; without objection, it  
         was so ordered.  
          
         The chair laid out HB 2320 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.  Senator Lucio, Jr.  
         sent up Committee Amendment 1 and explained the amendment.  
         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 HB 2320 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         The chair laid out HB 2660 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 Jackson moved that HB  
         2660 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 2663 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 Jackson moved that HB  
         2663 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         At 10:50 a.m. Senator Jackson moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 2:30 p.m. the committee reconvened.   
          
         The chair laid out HB 2546 and recognized Craig Chick,  
         Legislative Aide to Senator Janek, 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  
         2546 be left pending to await a quorum; without objection, it  
         was so ordered.  
          
         The chair laid out HB 1858 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  Senator  
         Estes sent up Committee Amendment 1 and explained the  
         amendment.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 1858 be left pending to await a  
         quorum; without objection, it was so ordered.  
         The chair laid out HB 2533 and recognized the Senate sponsor,  
         Senator Staples, to explain the bill.  Senator Estes sent up a  
         committee substitute; the chair recognized Senator Estes to  
         explain the difference between the committee substitute and the  
         bill as filed. Senator Estes sent up Committee Amendment 1 and  
         explained the amendment.  Senator Estes sent up Committee  
         Amendment 2 and explained the amendment.  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  
         2533 be left pending to await a quorum; without objection, it  
         was so ordered.  
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): SB 1772 and HB 2328. 
          
         Senator Lucio moved to reconsider the vote by which CSSB 1772  
         had passed; without objection, it was so ordered.  Senator Lucio  
         then moved to withdraw the substitute for SB 1772; without  
         objection, it was so ordered  Senator Lucio, Jr. sent up a  new  
         committee substitute; the chair recognized Leslie Gaigon,  
         Legislative Aide to Senator Williams,  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  
         1772 do not pass but that CSSB 1772 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 Lucio, Jr. moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 2:45 p.m. Senator Estes assumed the chair 
          
         The chair laid out HB 1931 and recognized the Senate sponsor,  
         Senator Williams, 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  
         1931 be left pending to await a quorum; without objection, it  
         was so ordered.  
          
         At 2:55 p.m. Senator Lindsay assumed the chair.   
          
         The chair laid out HB 1989 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 Lindsay moved  
         that HB 1989 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         The chair laid out HB 3556 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 Lindsay moved  
         that HB 3556 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         The chair laid out HB 2328 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
         no witnesses on the bill. Senator Lindsay moved that HB 2328 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  
          
         The chair laid out HB 919 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 Lindsay moved  
         that HB 919 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         The chair laid out HB 1529 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 Lindsay moved  
         that HB 1529 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         The chair laid out SB 1438 and recognized Senator Lucio, Jr., 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 Lindsay moved  
         that SB 1438 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         At 4:25 p.m. Senator Armbrister resumed the chair.   
          
         There being no further business, at 4:30 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