MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Tuesday, April 12, 2005 1:30 p.m. or upon adjournment 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, April 12, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Robert Duncan Senator Mike Jackson Senator Juan Hinojosa Senator Gonzalo Barrientos Senator Craig Estes Senator Troy Fraser Senator Jon Lindsay Senator Frank Madla Senator Kel Seliger Senator Todd Staples ***** The chair called the meeting to order at 1:45 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 1634 and recognized the author, Senator Seliger, 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 Seliger sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the bill as filed. Senator Seliger moved adoption of the committee substitute; without objection, it was so ordered. Senator Seliger moved to reconsider the vote by which the substitute passed; without objection, it was so ordered. Senator Seliger sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Jackson requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Seliger then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Seliger moved that SB 1634 do not pass but that CSSB 1634 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 1634; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1634; without objection it was so ordered. The chair laid out SB 784 and recognized the author, Senator Shapleigh, 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 784 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 Barrientos requested unanimous consent to be shown voting aye on SB 784; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 784; without objection it was so ordered. The chair laid out SB 667 and recognized the author, Senator Shapleigh, 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. 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 667 be left pending; without objection, it was so ordered. The chair laid out SB 1032 and recognized Senator Barrientos, 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 Barrientos moved that SB 1032 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved that SB 1032 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 Barrientos requested unanimous consent to be shown voting aye on SB 1032; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1032; without objection it was so ordered. The chair laid out SB 1270 and recognized the author, Senator Jackson, to explain the bill. There were no witness registered for SB 1270. The chair moved that the public testimony be closed; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1270 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 Barrientos requested unanimous consent to be shown voting aye on SB 1270; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1270; without objection it was so ordered. At 3:28pm the Chair moved the committee stand at ease. At 3:45pm the Chair called the committee back to order. The chair laid out SB 1169 and recognized Senator Jackson, 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 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 sent up Committee Amendment 1. Senator Jackson moved that SB 1169 be left pending; without objection, it was so ordered. The chair laid out HB 957 and recognized the Senate sponsor, Senator Staples, to explain the bill. Witnesses 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 957 be left pending; without objection, it was so ordered. The chair laid out HB 1139 and recognized the Senate sponsor, Senator Staples, to explain the bill. Witnesses 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 1139 be left pending; without objection, it was so ordered. The chair laid out SB 1602 and recognized the author, Senator Estes, to explain the bill. Witnesses 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 1602 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on SB 1602; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1602; without objection it was so ordered. The chair laid out SB 1407 and recognized the author, Senator Estes, 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 1407 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on SB 1407; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1407; without objection it was so ordered. The chair laid out SB 1710 and recognized the author, 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 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 moved that SB 1710 do not pass but that CSSB 1710 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. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1710; without objection it was so ordered. The chair laid out SB 1063 and SB 1064 recognized the author, Senator Staples, to explain both of the bills. 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 Staples sent up a committee substitute to SB 1063; 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; without objection, it was so ordered. Senator Staples sent up a committee substitute to SB 1064; the chair recognized Senator Staples to explain the difference between the committee substitute and the bill as filed. Senator Staples moved that SB 1063 do not pass but that CSSB 1063 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 1063; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1063; without objection it was so ordered. Senator Staples moved that SB 1064 be left pending; without objection, it was so ordered. Senator Staples assumed the chair. The chair laid out SB 3 and recognized the author, Senator Armbrister, to explain the bill. Senator Armbrister offered a committee substitute for SB 3. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be left open; without objection, it was so ordered. Senator Jackson assumed the chair. Senator Armbrister resumed the chair. The subcommittee report on SB 1040 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1040. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1040 do not pass but that CSSB 1040 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 Barrientos requested unanimous consent to be shown voting aye on CSSB 1040; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1040; without objection it was so ordered. The subcommittee report on SB 1192 was laid out by Senator Jackson. Senator Estes was recognized to explain the subcommittee report on SB 1192. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1192 do not pass but that CSSB 1192 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 Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 1192; without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on CSSB 1192; without objection it was so ordered. The subcommittee report on SB 1271 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1271. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1271 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 Barrientos requested unanimous consent to be shown voting aye on SB 1271 without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1271; without objection it was so ordered. The subcommittee report on SB 1273 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1273. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1273 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 Barrientos requested unanimous consent to be shown voting aye on SB 1273 without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1273; without objection it was so ordered. The subcommittee report on SB 1680 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1680. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Jackson moved that SB 1680 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 Barrientos requested unanimous consent to be shown voting aye on SB 1680 without objection it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on SB 1680; without objection it was so ordered. The subcommittee report on SB 1686 was laid out by Senator Jackson. Senator Jackson was recognized to explain the subcommittee report on SB 1686. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Estes moved that SB 1686 do not pass but that CSSB 1686 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 Estes 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 1686; without objection it was so ordered. The subcommittee report on SB 1707 was laid out by Senator Jackson. Senator Staples was recognized to explain the subcommittee report on SB 1707. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Staples moved that SB 1707 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. Senator Madla requested unanimous consent to be shown voting aye on SB 1707; without objection it was so ordered. The subcommittee report on SB 1708 was laid out by Senator Jackson. Senator Staples was recognized to explain the subcommittee report on SB 1708. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Staples moved that SB 1708 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 Staples 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 1708; without objection it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on SB 1708; without objection it was so ordered. The subcommittee report on SB 1709 was laid out by Senator Jackson. Senator Staples was recognized to explain the subcommittee report on SB 1709. Senator Armbrister then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Staples moved that SB 1709 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. Senator Madla requested unanimous consent to be shown voting aye on SB 1707; without objection it was so ordered. The chair brought up from pending business 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 Staples moved adoption of the committee substitute; without objection, it was so ordered. Senator Staples moved that SB 620 do not pass but that CSSB 620 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 Staples 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 620; without objection it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 620; without objection it was so ordered. Senator Jackson moved to reconsider the vote by which CSSB 1428 passed. There being no objection, CSSB 1428 was back before the committee. Senator Jackson moved adoption of the committee substitute for SB 1428; without objection, it was so ordered. Senator Jackson moved SB 1428 do not pass but the CSSB 1428 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 1428 ; without objection it was so ordered. Senator Barrientos requested unanimous consent to be shown voting aye on CSSB 1428; without objection it was so ordered. The chair laid out SB 949 and recognized the author, Senator Armbrister, to explain the bill. Senator Jackson moved to reconsider the vote by which a previous substitute had been adopted; without objection it was so ordered. Senator Jackson offered a new committee substitute and was recognized 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. Senator Jackson moved that SB 949 do not pass but that CSSB 949 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 4 absent. The chair laid out SB 1281 and recognized the author, Senator Armbrister, 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. Senator Jackson moved that SB 1281 do not pass but that CSSB 1281 be reported back 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. Senator Jackson resumed the chair. Senator Jackson opened public testimony on SB 3. Senator Armbrister moved SB 3 be left pending; without objection, it was so ordered. There was no action taken for the following bill(s): SB 1514 SB 93 SB 564 SB 699 SB 878 SB 948 SB 1170 SB 1175 SB 1542 SB 1667 There being no further business, at 10:28 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