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