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