MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Thursday, March 31, 2005 1:30 p.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 Thursday, March 31, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Todd Staples Senator Mike Jackson Senator Gonzalo Barrientos Senator Robert Duncan Senator Craig Estes Senator Troy Fraser Senator Juan Hinojosa Senator Jon Lindsay Senator Frank Madla Senator Kel Seliger ***** The chair called the meeting to order at 1:45 p.m. There being a quorum present, the following business was transacted: At 1:45 p.m. Senator Jackson assumed the chair. The chair laid out SB 1170 and SB 1175 recognized the author, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bills 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 1170 and SB 1175 be left pending; without objection, it was so ordered. At 2:17 p.m. Senator Armbrister resumed the chair. The chair laid out SB 331 and recognized the author, Senator Lindsay, 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 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 moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 331 do not pass but that CSSB 331 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 Hinojosa requested unanimous consent to be shown voting aye on CSSB 331. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on CSSB 331. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on CSSB 331. There being no objection, the motion prevailed. Senator Lindsay moved to certify CSSB 331 for the Local and Uncontested Calendar. There being no objection, the motion prevailed. The chair laid out SB 363 and recognized the author, Senator Lindsay, 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 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 moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 363 do not pass but that CSSB 363 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 Hinojosa requested unanimous consent to be shown voting aye on CSSB 363. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on CSSB 363. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on CSSB 363. There being no objection, the motion prevailed. Senator Lindsay moved to certify CSSB 363 for the Local and Uncontested Calendar. There being no objection, the motion prevailed. The chair laid out SB 878 and recognized the author, 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 a committee substitute; the chair recognized Senator Lindsay 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 Lindsay moved that SB 878 be left pending; without objection, it was so ordered. The chair laid out SB 839 and recognized the author, Senator Wentworth, to explain the bill. Senator Jackson sent up a committee substitute; the chair recognized Senator Jackson 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. 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 839 do not pass but that CSSB 839 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 Hinojosa requested unanimous consent to be shown voting aye on CSSB 839. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on CSSB 839. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on CSSB 839. There being no objection, the motion prevailed. 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 SB 1065 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 Lindsay moved that SB 1065 do pass and 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 Hinojosa requested unanimous consent to be shown voting aye on SB 1065. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on SB 1065. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 1065. There being no objection, the motion prevailed. Senator Lindsay moved to certify SB 1065 for the Local and Uncontested Calendar. There being no objection, the motion prevailed. At 3:02 p.m. Senator Estes assumed the chair. The chair laid out SB 949 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 SB 949 be left pending; without objection, it was so ordered. At 4:01 p.m. Senator Armbrister resumed the chair. The chair laid out SB 123 and recognized the author, Senator Barrientos, to explain the bill. Senator Barrientos sent up a committee substitute; the chair recognized Senator Barrientos to explain the difference between the committee substitute and the bill as filed. Senator Barrientos 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 Barrientos moved that SB 123 do not pass but that CSSB 123 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, 2 present not voting, and 0 absent. At 4:10 p.m. Senator Jackson assumed the chair. The chair laid out SB 509 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 509 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 509 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 SB 947 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 947 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 947 do not pass but that CSSB 947 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 Madla requested unanimous consent to be shown voting aye on SB 947. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 947. There being no objection, the motion prevailed. The chair laid out SB 485 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 485 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 485 do not pass but that CSSB 485 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on CSSB 485. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on CSSB 485. There being no objection, the motion prevailed. Senator Staples requested unanimous consent to be shown voting aye on CSSB 485. There being no objection, the motion prevailed. The chair laid out SB 1297 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 SB 1297 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1297 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent. The chair laid out SB 1298 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 SB 1298 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1298 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 Madla requested unanimous consent to be shown voting aye on SB 1298. There being no objection, the motion prevailed. Senator Hinojosa requested unanimous consent to be shown voting aye on SB 1298. There being no objection, the motion prevailed. Senator Staples requested unanimous consent to be shown voting aye on SB 1298. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 1298. There being no objection, the motion prevailed. The chair laid out SB 1299 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 SB 1299 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1299 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. The chair laid out SB 480 and recognized Senator Armbrister, in the absence of the author, to explain the bill. Senator Armbrister moved to pull down the substitute for SB 480 that had previously been offered. There being no objection, the motion prevailed. Senator Armbrister sent up a committee substitute; the chair recognized Senator Jackson 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. Upon arrival of a quorum, Senator Duncan moved that SB 480 do not pass but that CSSB 480 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 Madla requested unanimous consent to be shown voting aye on SB 480. There being no objection, the motion prevailed. Senator Hinojosa requested unanimous consent to be shown voting aye on SB 480. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 480. There being no objection, the motion prevailed. 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 SB 575 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 Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that SB 575 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 575 do not pass but that CSSB 575 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. There was no action taken for the following bill(s): SB 484 SB 519 SB 620 SB 699 SB 948 At 5:45 p.m. Senator Armbrister resumed the chair. There being no further business, at 5:50 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