MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Tuesday, May 20, 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 20, 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 Gonzalo Barrientos
Senator Craig Estes
Senator Troy Fraser
Senator Juan Hinojosa
Senator Jon Lindsay
Senator Eddie Lucio, Jr.
Senator Florence Shapiro
Senator Todd Staples
*****
Senator Staples called the meeting to order at 10:15 a.m. There
being a quorum present, the following business was transacted:
The chair laid out HB 3383 and recognized Lewis Simmons,
Legislative Aide to 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 Staples moved that HB
3383 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Estes sent up
Committee Amendment 1. Senator Estes then withdrew the
amendment. Senator Estes moved that HB 3383 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 Estes
made a motion to re-consider the vote by which HB 3383 passed;
without objection, it was so ordered. Senator Estes moved that
HB 3383 be reported favorably 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 Estes moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Lucio requested unanimous consent to be shown voting aye
on HB 3383; without objection, it was so ordered.
The chair laid out HB 2518 and recognized Robert Peeler,
Legislative Aide to Senator Jackson, in the absence of the
Senate sponsor, to explain the bill. There were no witnesses on
the bill. Senator Staples moved that HB 2518 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Jackson moved that HB 2518 be
reported favorably 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
Jackson moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2518; without objection, it was so ordered.
The chair laid out HB 1194 and recognized Steve Foster, General
Counsel to Senator Armbrister, 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 Staples moved that HB
1194 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 1194 be reported favorably 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 Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Fraser and Lucio requested unanimous consent to be
shown voting aye on HB 1194; without objection, it was so
ordered.
The chair laid out HB 3559 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 Staples moved
that HB 3559 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Hinojosa moved that HB 3559 be reported favorably 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 Jackson moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senators Fraser and Lucio requested unanimous consent to be
shown voting aye on HB 3559; without objection, it was so
ordered.
The chair laid out HB 3560 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 Staples moved
that HB 3560 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Jackson moved that HB 3560 be reported favorably 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 Jackson moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Lucio requested unanimous consent to be shown voting aye
on HB 3560; without objection, it was so ordered.
At 10:30 a.m. Senator Estes assumed the chair.
The chair laid out HB 2249 and recognized the Senate sponsor,
Senator Staples, to explain 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 sent up Committee Amendment 1
and moved adoption. Senator Staples requested unanimous consent
to roll the amendments into a 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. Upon arrival of a quorum,
Senator Staples moved that HB 2249 do not pass but that CSHB
2249 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 Fraser and Lucio requested unanimous consent to be
shown voting aye on HB 2249; without objection, it was so
ordered.
At 10:40 a.m. Senator Jackson assumed the chair.
At 10:50 a.m. Senator Armbrister resumed the chair.
The chair laid out HB 2301 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 Staples
moved that HB 2301 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Jackson moved that HB 2301 be reported favorably 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 Jackson moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senators Fraser and Lucio requested unanimous consent to be
shown voting aye on HB 2301; without objection, it was so
ordered.
At 10:40 a.m. Senator Jackson resumed the chair.
The chair laid out HB 2613 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 Jackson moved that HB
2613 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 2613 be reported favorably 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 Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 1534 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Armbrister
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. 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. 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 1534
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Jackson moved that
HB 1534 do not pass but that CSHB 1534 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 Jackson moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB 1457 and recognized Land Commissioner
Jerry Patterson, in the absence of the Senate sponsor, to
explain the bill. Senator Jackson sent up a committee
substitute; the chair recognized Land Commissioner Jerry
Patterson 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 HB
1457 be left pending to await a quorum; without objection, it
was so ordered. Senator Jackson moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Jackson moved that HB 1457 do not pass but that CSHB 1457 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 2 absent. Senator
Jackson moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Lucio requsted unanimous consent to be shown voting aye
on CSHB 1457; without objection, it was so ordered.
At 10:55 a.m. Senator Armbrister moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 4:35 p.m. the committee reconvened.
At 4:35 p.m. Senator Barrientos assumed the chair.
At 4:40 p.m. Senator Armbrister resumed the chair.
The chair laid out HB 1541 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Lindsay to
explain the difference between the committee substitute and the
bill as filed. Senator Lindsay sent up Committee Amendment 1
and moved adoption; without objection, the amendment was
adopted. Senator Lindsay sent up Committee Amendment 2 and
moved adoption; without objection, the amendment was adopted.
Senator Lindsay sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted. Senator
Lindsay sent up Committee Amendment 4. Senator Lindsay withdrew
Committee Amendment 4
without objection. Senator Lindsay sent up Committee Amendment
5 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 requested unanimous consent to roll the
amendments into a new committee substitute; without objection,
it was so ordered. Senator Lindsay then moved that the
committee substitute be adopted; without objection, it was so
ordered. Senator Lindsay moved that HB 1541 do not pass but
that CSHB 1541 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.
The chair laid out HB 3366 and recognized the Senate sponsor,
Senator Williams, to explain the bill. There were no witnesses
on the bill. Senator Armbrister moved that HB 3366 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Hinojosa moved that HB 3366 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.
At 4:20 p.m. Senator Staples assumed the chair.
The chair laid out HB 1931 and recognized the Senate sponsor,
Senator Williams, to explain the bill. Senator Armbrister sent
up Committee Amendment 1 and Senator Fraser moved adoption;
without objection, the amendment was adopted. Senator Jackson
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Fraser requested
unanimous consent to roll the amendments into a 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
HB 1931 do not pass but that CSHB 1931 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.
Senator Barraientos requested unanimous consent to be shown
voting nay on CSHB 1931; without objection, it was so ordered.
Senators Lucio and Shapiro requested unanimous consent to be
shown voting aye on CSHB 1931; without objection, it was so
ordered.
The chair laid out HB 151, which had been recommitted to the
committee and recognized Senator Estes to explain the bill.
Senator Estes moved to reconsider the vote by which HB 151 had
passed; without objection, it was so ordered. Senator Estes
moved to pull down the previous committee substitute; without
objection, it was so ordered. Senator Estes sent up a new
committee substitute; the chair recognized Senator Estes 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. Senator Estes
moved that HB 151 do not pass but that CSHB 151 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.
At 6:05 p.m. Senator Fraser assumed the chair.
The chair laid out HB 2877 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Armbrister
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Jackson sent up
Committee Amendment 2 and moved adoption. The motion failed
with a record vote of 5 ayes, 2 nays, 1 present not voting, and
3 absent. Senator Staples sent up Committee Amendment 3 and
moved adoption; without objection, the amendment was adopted.
At 6:15 p.m. Senator Jackson assumed the chair.
Senator Fraser sent up Committee Amendment 4 and moved adoption;
without objection, the amendment was adopted. Senator
Armbrister requested unanimous consent to roll the amendments
into a 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 Staples moved that HB 2877 do not pass but that CSHB
2877 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.
Senator Barrientos requested unanimous consent to be shown
voting nay on CSHB 2877; without objection, it was so ordered.
Senator Lucio requested unanimous consent to be shown voting aye
on CSHB 2877; without objection, it was so ordered.
The chair brought up SB 1914 from pending business and
recognized Senator Wentworth to explain the bill. Senator
Barrientos moved to re-open public testimony; without objection,
it was so ordered. 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. Senator
Armbrister moved that SB 1914 do not pass but that CSSB 1914 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 Lucio and Shapiro requested unanimous consent to be
shown voting aye on CSSB 1914; without objection, it was so
ordered.
The chair laid out HB 2020 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 Jackson sent up a
committee substitute; the chair recognized Jason Skaggs 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. Senator Estes
moved that HB 2020 do not pass but that CSHB 2020 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.
At 7:15 p.m. Senator Jackson assumed the chair.
The chair laid out HB 2044 and recognized the Senate sponsor,
Senator Staples, to explain the bill. Senator Staples sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Staples sent up Committee
Amendment 2 and moved adoption; without objection, the amendment
was adopted. Senator Staples sent up Committee Amendment 3 and
moved adoption; without objection, the amendment was adopted.
Senator Staples requested unanimous consent to roll the
amendments into a committee substitute; without objection, it
was so ordered. Senator Staples then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Staples moved that HB 2044 do not pass but that CSHB
2044 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 Staples moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senators Lucio and Shapiro requested unanimous consent to be
shown voting aye on CSHB 2044; without objection, it was so
ordered.
The chair laid out HB 1203 and it was left pending at the
request of the Senate sponsor.
At 7:30 p.m. Senator Armbrister resumed the chair.
There being no further business, at 7:30 p.m. Senator Armbrister
moved that the Committee be adjourned. Without objection, it was
so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly Gilbert, Clerk