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