MINUTES SENATE COMMITTEE ON NATURAL RESOURCES Thursday, April 14, 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, April 14, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister Senator Frank Madla Senator Mike Jackson Senator Gonzalo Barrientos Senator Robert Duncan Senator Craig Estes Senator Troy Fraser Senator Juan Hinojosa Senator Jon Lindsay Senator Kel Seliger Senator Todd Staples ***** The chair called the meeting to order at 2:20 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 1354 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 sent up a committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the bill as filed. Senator Estes moved that SB 1354 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Estes moved adoption of the committee substitute. Senator Estes then moved that SB 1354 do not pass but that CSSB 1354 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 requested unanimous consent to be shown voting aye on CSSB 1354. There being no objection; the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 1354. There being no objection; the motion prevailed. The chair laid out SB 1726 and recognized Senator Barrientos, in the absence of the author, 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 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. Upon the arrival of a quorum, Senator Barrientos moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Barrientos requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Barrientos then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Barrientos moved that SB 1726 do not pass but that CSSB 1726 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. Senator Jackson requested unanimous consent to be shown voting aye on CSSB 1726. There being no objection; the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on CSSB 1726. There being no objection; the motion prevailed. The chair laid out SB 1674 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 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 that SB 1674 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Barrientos moved that SB 1674 do not pass but that CSSB 1674 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 Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on CSSB 1674. There being no objection; the motion prevailed. The chair laid out SB 1603 and recognized the author, Senator Estes, to explain the bill. There were no witnesses registered on the bill. 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 1603 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. The chair laid out HB 965 and recognized Senator Armbrister, in the absence of the Senate sponsor, to explain the bill. There was no public testimony on the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Upon arrival of a quorum, Senator Barrientos moved that HB 965 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 01 absent. Senator Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on HB 965. There being no objection; the motion prevailed. The chair laid out SB 1045 and recognized Senator Lindsay, in the absence of the author, to explain the bill. There was no public testimony on the bill. Upon arrival of a quorum, Senator Lindsay moved that SB 1045 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 01 absent. Senator Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on CSSB 1045. There being no objection; the motion prevailed. The chair laid out HB 1657 and recognized Senator Seliger, in the absence of the Senate sponsor, to explain the bill. There was no public testimony on the bill. 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 1657 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 01 absent. Senator Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on HB 1657. There being no objection; the motion prevailed. The chair laid out SB 1831 and recognized the author, Senator Hinojosa, 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 Hinojosa moved that SB 1831 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on SB 1831. There being no objection; the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on SB 1831. There being no objection; the motion prevailed. The chair laid out SB 444 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 444 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 Jackson requested unanimous consent to be shown voting aye on SB 444. There being no objection; the motion prevailed. The chair laid out SB 1740 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 1740 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 Jackson requested unanimous consent to be shown voting aye on SB 1740. There being no objection; the motion prevailed. Senator Jackson assumed the chair The chair laid out SB 1165 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 1165 be left pending; without objection, it was so ordered. Senator Armbrister resumed the Chair The chair laid out SB 785 and recognized the author, Senator Fraser, 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 Fraser sent up a committee substitute; the chair recognized Senator Fraser to explain the difference between the committee substitute and the bill as filed. The Chair moved SB 785 be left pending awaiting the arrival of a quorum; without objection, it was so ordered. Upon the arrival of a quorum, Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered. Senator Fraser moved that SB 785 do not pass but that CSSB 785 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on CSSB 785. There being no objection; the motion prevailed. Senator Fraser assumed the chair The chair laid out SJR 3 and recognized the author, Senator Armbrister, to explain the bill. There was no public testimony on the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SJR 3 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that SJR 3 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 3 and recognized Senator Armbrister Chairman Armbrister announced his intention to lay out several amendments to SB 3 and to allow time for review by members and staff and a vote on Tuesday, April 19th. SB 3 was temporarily placed on the table and the committee stood at ease for approximately 15 minutes. The committee was called back to order. Senator Armbrister assumed the chair. The chair laid out as a matter of pending business, SB 93. Senator Staples moved adoption of the committee substitute previously laid out; without objection, it was so ordered. Senator Staples moved that SB 93 do not pass but that CSSB 93 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Jackson requested unanimous consent to be shown voting aye on CSSB 93. There being no objection; the motion prevailed. Senator Jackson assumed the chair. The chair removed SB 3 from the table and SB 3 was again before the full committee. Chairman Armbrister announced that there would be a staff-only workshop on Friday, April 15, 2005, to review proposed amendments to S.B. 3 and that amendment packets would be provided to the general public in attendance at the end of the meeting. Chairman Armbrister reopened public testimony on S.B. 3. Witnesses testifying and registering on the bill are shown on the attached list. Senator Armbrister moved that SB 3 be left pending; without objection, it was so ordered. Senator Armbrister assumed the chair. As a matter of pending business the Chair laid out SB 1667 and recognized Senator Duncan. Senator Duncan requested SB 1667 be left pending; without objection it was so ordered. The chair laid out SB 1064 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. Senator Staples moved that SB 1064 do not pass but that CSSB 1064 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 requested unanimous consent to be shown voting aye on CSSB 1064. There being no objection; the motion prevailed. There being no further business, at 9:08 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