MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Tuesday, April 21, 2005
1:35 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 21, 2005, in the Capitol
Extension, Room E1.012, at 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 2:17 p.m. There being
a quorum present, the following business was transacted:
Senator Lindsay assumed the chair.
The chair laid out SB 1665 and recognized Senator Eltife to
explain the bill. Senator Seliger sent up a committee
substitute; the chair recognized Senator Eltife 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. The
chair then moved that SB 1665 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Seliger moved adoption of the committee substitute;
without objection, it was so ordered. Senator Seliger moved
that SB 1665 do not pass but that CSSB 1665 be reported 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 Seliger 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 CSSB 1665; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSSB 1665; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 1665; without objection, it was so ordered.
The chair announced that the 24 hour posting rule had been
suspended on the senate floor earlier in the day so the
committee could consider SB 1870 by Senator Seliger.
The chair laid out SB 1870 and recognized the author, Senator
Seliger to explain the bill. There were no witness registered
on the bill. The chair moved public testimony be closed;
without objection, it was so ordered. The chair moved to leave
the bill pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Seliger moved that
SB 1870 be reported back 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 Seliger 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 1870; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on SB 1870; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on SB 1870; without objection, it was so ordered.
The chair laid out SB 1225 and recognized the author, Senator
Barrientos to explain the bill. Witness testifying and
registering on the bill are shown on the attached list. The
chair moved public testimony be closed; without objection, it
was so ordered. The chair moved to leave the bill pending to
await a quorum; without objection it was so ordered. Upon
arrival of a quorum, Senator Barrientos moved that SB 1225 be
reported back 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, 1 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 Duncan requested unanimous consent to be shown voting
aye on SB 1225; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on SB 1225; without objection, it was so ordered.
The chair laid out SB 1794 and recognized, in the absence of the
author, Senator Seliger, to explain the bill. Senator
Barrientos sent up a committee substitute; the chair recognized
Senator Seliger to explain the difference between the committee
substitute and the bill as filed. 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. The chair then moved that SB 1794 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Barrientos moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Barrientos moved that SB 1794 do not pass but that CSSB
1794 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 Jackson 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 CSSB 1794; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSSB 1794; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 1794; without objection, it was so ordered.
Senator Armbrister resumed the chair.
The chair laid out SB 1797 and recognized in the absence of the
author, Senator Seliger, to explain the bill. There were no
witnesses registering on the bill. The chair moved that public
testimony be closed; without objection, it was so ordered. The
chair moved that SB 1797 be left pending; without objection, it
was so ordered.
Senator Lindsay assumed the chair.
The chair laid out SB 1798 and recognized, in the absence of the
author, Senator Seliger, to explain the bill. 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. 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 then moved that SB 1798
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Seliger moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Jackson moved that SB 1798 do not pass but
that CSSB 1798 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 1798; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSSB 1798; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 1798; without objection, it was so ordered.
Senator Estes assumed the chair.
The chair laid out SB 1166 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. The chair moved that SB
1166 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
948.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 948 do not
pass but that CSSB 948 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 Duncan requested unanimous consent to be shown voting
aye on CSSB 948; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSSB 948; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 948; without objection, it was so ordered.
The chair laid out SB 1165. Senator Jackson 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
Jackson moved that SB 1165 do not pass but that CSSB 1165 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
Jackson 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 CSSB 1165; without objection, it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSSB 1165; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 1165; without objection, it was so ordered.
Senator Jackson moved to reconsider the vote by which the
committee passed out CSSB 1726; without objection, it was so
ordered. Senator Jackson moved to leave the bill pending;
without objection, it was so ordered.
The chair announced that the committee would stand at ease for
approximately 1 hour.
Senator Armbrister called the committee back to order and
Senator Jackson assumed the chair and recognized Senator
Armbrister on SB3.
Senator Armbrister announced that there were additional
amendments and a pre-existing Committee Amendment 63 to be
heard.
The chair laid out Committee Amendment 63 and recognized Senator
Armbrister. Senator Armbrister withdrew the amendment.
Senator Armbrister moved to reconsider the votes by which the
following amendments were adopted.
The chair recalled Committee amendment 13. Senator Armbrister
moved that Committee amendment 13 be withdrawn; without
objection, it was so ordered.
The chair recalled Committee amendment 18. Senator Armbrister
moved that Committee amendment 18 be withdrawn; without
objection, it was so ordered.
The chair recalled Committee amendment 79. Senator Armbrister
moved that Committee amendment 79 be withdrawn; without
objection, it was so ordered.
The chair laid out Committee amendment 91 and recognized Senator
Armbrister to explain the amendment. Committee amendment 91 was
withdrawn.
Senator Armbrister sent up Committee amendment 93 and was
recognized to explain the amendment. Senator Armbrister
withdrew Committee amendment 93.
Senator Staples sent up Committee amendment 94 and was
recognized to explain the amendment. Senator Staples moved
adoption of Committee amendment 94; without objection, it was so
ordered.
The chair laid out Committee amendment 90 and recognized Senator
Armbrister. Senator Armbrister moved to withdraw Committee
amendment 90; without objection, it was so ordered.
The chair laid out Committee amendment 92 and recognized Senator
Armbrister. Senator Armbrister moved to withdraw Committee
amendment 92; without objection, it was so ordered.
Senator Armbrister offered Committee amendment 95 and recognized
Senator Armbrister. Senator Armbrister moved adoption of
Committee amendment 95; without objection, it was so ordered.
The chair recognized Senator Fraser for a motion. Senator
Fraser moved to adopt Committee amendment 13 which had been
previously withdrawn; without objection Committee amendment 13
was adopted.
Senator Fraser then moved to adopt Committee amendment 18 which
had been previously withdrawn; without objection Committee
amendment 18 was adopted.
The Chair recognized Senator Lindsay. Senator Lindsay sent up
an amendment to Committee amendment 78.
Senator Lindsay moved to reopen public testimony on this
amendment only. Witness testifying on this amendment are shown
on the attached list. Senator Lindsay moved that public
testimony be closed. Senator Lindsay withdrew the amendment to
Committee amendment 78.
Senator Armbrister requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator Armbrister then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Armbrister moved that SB 3 do not pass but
that CSSB 3 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 Barrientos requested unanimous consent to be shown
voting aye on CSSB 3; without objection, it was so ordered.
There was no action taken for the following bill(s):
SB 1366
SB 1169.
Senator Armbrister resumed the chair.
There being no further business, at 8:20 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