MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Tuesday, April 5, 2005 1:30PM, E1.012 Capitol Extension ***** 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 Monday, April 5, 2005, in the E1.012 of the Capitol Extension, Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister None 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 Senator Todd Staples ***** The chair called the meeting to order at 2:02 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 1130 and recognized the author, Senator Hinojosa, to explain the bill. Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the bill as filed. Senator Hinojosa 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 Hinojosa moved that SB 1130 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Hinojosa moved that SB 1130 do not pass but that CSSB 1130 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Duncan requested unanimous consent to be shown voting aye on CSSB 1130. There being no objection, the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 1130. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1130. There being no objection, the motion prevailed. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1103 and recognized Senator Jackson, in the absence of the author, 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 1103 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1103 do not pass but that CSSB 1103 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 Fraser requested unanimous consent to be shown voting aye on CSSB 1103. There being no objection, the motion prevailed. The chair laid out SB 489 and recognized the author, Senator Estes, to explain the bill. There were no witnesses registered for SB 489. The chair moved that the public testimony be closed; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that SB 489 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan requested unanimous consent to be shown voting aye on SB 489. There being no objection, the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on SB 489. There being no objection, the motion prevailed. The chair laid out SB 352 and recognized the author, Senator Madla, to explain the bill. Senator Madla sent up a committee substitute; the chair recognized Senator Madla 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 Madla sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Madla requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Hinojosa then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Madla moved that SB 352 do not pass but that CSSB 352 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Madla moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan requested unanimous consent to be shown voting aye on SB 352. There being no objection, the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on SB 352. There being no objection, the motion prevailed. Senator Barrientos requested unanimous consent to be shown voting aye on SB 352. There being no objection, the motion prevailed. The chair laid out SB 297 and recognized the author, Senator Wentworth, to explain the bill. There were no witnesses registered for SB 297. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Seliger moved that SB 297 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Hinojosa requested unanimous consent to be shown voting aye on SB 297. There being no objection, the motion prevailed. Senator Lindsay requested unanimous consent to be shown voting aye on SB 297. There being no objection, the motion prevailed. The chair laid out SB 840 and recognized the author, Senator Wentworth, 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 Barrientos moved that SB 840 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 Barrientos 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 SB 840. There being no objection, the motion prevailed. Senator Lindsay requested unanimous consent to be shown voting aye on SB 840. There being no objection, the motion prevailed. The chair laid out SB 1290 and recognized the author, Senator Wentworth, 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 1290 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 SB 1290. There being no objection, the motion prevailed. Senator Lindsay requested unanimous consent to be shown voting aye on SB 1290. There being no objection, the motion prevailed. The chair laid out SB 767 and recognized the author, Senator Wentworth, to explain the bill. Senator Staples sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Staples 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 Staples sent up Committee Amendment 1 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 Jackson then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Jackson moved that SB 767 do not pass but that CSSB 767 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 Fraser requested unanimous consent to be shown voting aye on CSSB 767. There being no objection, the motion prevailed. The chair laid out SB 1455 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 1455 do not pass but that CSSB 1455 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. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 1455. There being no objection, the motion prevailed. Senator Lindsay requested unanimous consent to be shown voting aye on CSSB 1455. There being no objection, the motion prevailed. The chair laid out SB 1116 and recognized the author, Senator Wentworth, 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 1116 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. Senator Seliger 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 SB 1116. There being no objection, the motion prevailed. Senator Lindsay requested unanimous consent to be shown voting aye on SB 1116. There being no objection, the motion prevailed. The chair laid out SJR 40 and recognized the author, Senator Eltife, 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 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. Senator Jackson moved that SJR 40 do not pass but that CSSJR 40 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 Fraser requested unanimous consent to be shown voting aye on CSSJR 40. There being no objection, the motion prevailed. Senator Lindsay requested unanimous consent to be shown voting aye on CSSJR 40. There being no objection, the motion prevailed. The chair laid out SB 738 and recognized Senator Estes, 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 738 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 Staples 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 SB 738. There being no objection, the motion prevailed. The chair laid out SB 739 and recognized Senator Estes, 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 Estes moved that SB 739 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 Lindsay 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 SB 739. There being no objection, the motion prevailed. The chair laid out SB 570 and recognized Senator Staples 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 SB 570 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 Seliger 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 SB 570. There being no objection, the motion prevailed. The chair laid out SB 459 and recognized the author, Senator Staples, 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 SB 459 be left pending awaiting the arrival of the House Bill; without objection, it was so ordered. The chair laid out SB 1017 and recognized Senator Staples 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 SB 1017 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Staples 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 SB 1017. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on SB 1017. There being no objection, the motion prevailed The chair laid out SB 1604 and recognized Senator Staples to explain the bill. There were no witnesses registered on this bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Staples moved that SB 1604 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Staples 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 SB 1604. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on SB 1604. There being no objection, the motion prevailed The chair laid out SB 1281 and recognized Senator Staples 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. The chair moved SB 1281 be left pending. The chair laid out SB 93 and recognized Senator Barrientos in the absence of the author to explain the bill. Senator Barrientos sent up a committee substitute for SB 93. 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 the bill be left pending, without objection, it was so ordered. The chair laid out SB 1413 and recognized Senator Barrientos in the absence of the author to explain the bill. Senator Barrientos sent up a committee substitute for SB 1413. 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 1413 do not pass but that CSSB 1413 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 Fraser requested unanimous consent to be shown voting aye on CSSB 1413. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1413. There being no objection, the motion prevailed The chair laid out SB 564 and recognized the author, Senator Barrientos, 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 Barrientos moved that SB 564 be left pending; without objection, it was so ordered. The subcommittee report on SB 371 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 371. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 371 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 Hinojosa requested unanimous consent to be shown voting aye on SB 371. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on SB 371. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 371. There being no objection, the motion prevailed. The chair laid SB 588 and recognized the author 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 588 do not pass but that CSSB 588 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. Senator Hinojosa requested unanimous consent to be shown voting aye on CSSB 588. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on CSSB 588. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on CSSB 588. There being no objection, the motion prevailed. The subcommittee report on SB 517 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 517. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 517 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 Hinojosa requested unanimous consent to be shown voting aye on SB 517. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on SB 517. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 517. There being no objection, the motion prevailed. The subcommittee report on SB 592 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 592. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 592 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 Hinojosa requested unanimous consent to be shown voting aye on SB 592. There being no objection, the motion prevailed. Senator Madla requested unanimous consent to be shown voting aye on SB 592. There being no objection, the motion prevailed. Senator Seliger requested unanimous consent to be shown voting aye on SB 592. There being no objection, the motion prevailed. The subcommittee report on SB 740 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 740. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved to reopen public testimony. There being no objection, the motion prevailed and public testimony was reopened. 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 740 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 740. There being no objection, the motion prevailed. Senator Estes requested unanimous consent to be shown voting aye on SB 740. There being no objection, the motion prevailed. The subcommittee report on SB 1091 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1091. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1091 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 Madla requested unanimous consent to be shown voting aye on SB 1091. There being no objection, the motion prevailed. Senator Estes requested unanimous consent to be shown voting aye on SB 1091. There being no objection, the motion prevailed. Senator Hinojosa requested unanimous consent to be shown voting aye on SB 1091. There being no objection, the motion prevailed. The subcommittee report on SB 1102 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1102. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. 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. Senator Jackson moved that SB 1102 but that CSSB 1102 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. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1102. There being no objection, the motion prevailed. Senator Estes requested unanimous consent to be shown voting aye on CSSB 1102. There being no objection, the motion prevailed. The subcommittee report on SB 1428 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1428. Senator Jackson then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1428 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 Madla requested unanimous consent to be shown voting aye on SB 1428. There being no objection, the motion prevailed. Senator Estes requested unanimous consent to be shown voting aye on SB 1428. There being no objection, the motion prevailed. Senator Hinojosa requested unanimous consent to be shown voting aye on SB 1428. There being no objection, the motion prevailed. The chair laid out SB 1667 and recognized the author, Senator Duncan, 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 Duncan moved that SB 1667 be left pending; without objection, it was so ordered. The chair laid out SB 1542 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 1542 be left pending; without objection, it was so ordered. As a matter of pending business, the chair laid out SB 620. 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 Estes moved that SB 620 be left pending; without objection, it was so ordered. As a matter of pending business, the chair laid out SB 949. 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 moved adoption of the committee substitute be adopted; without objection it was so ordered. There was no action taken for the following bill(s): SB 667 SB 484 SB 519 SB 699 SB 878 SB 948 There being no further business, at 9:55 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