MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                              Tuesday, April 26, 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 26, 2005, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Mike Jackson 
         Senator Gonzalo Barrientos              Senator Robert Duncan 
         Senator Craig Estes                     Senator Frank Madla 
         Senator Troy Fraser 
         Senator Juan Hinojosa 
         Senator Jon Lindsay 
         Senator Kel Seliger 
         Senator Todd Staples 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:50 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1647 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 public testimony be closed; without objection,  
         it was so ordered.  Senator Staples moved that SB 1647 be left  
         pending; without objection, it was so ordered.   
          
         Senator Estes assumed the chair.  
           
         The Chair laid out SB 1765, SB 1766 and SB 1504. 
          
         The recognized the author, Senator Harris, to explain SB 1765  
         and SB 1766.  The chair also recognized Senator Armbrister to  
         explain SB 1504.  
          
         Senator Armbrister sent up a committee substitute to SB 1765;  
         the chair recognized Senator Harris to explain the difference  
         between the committee substitute and the bill as filed. Senator  
         Armbrister  then sent up a committee substitute to SB 1766; the  
         chair recognized Senator Harris to explain the difference  
         between the committee substitute and the bill as filed.     
         Senator Armbrister then sent up a committee substitute to SB  
  
         1504; the chair recognized Senator Armbrister to explain the  
         difference between the committee substitute and the bill as  
         filed.  Witnesses testifying and registering on all three of the  
         bills are shown on the attached list.  The chair moved that  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Armbrister moved that SB 1765,  SB 1766 and SB  
         1504 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon the arrival of a quorum, Senator Staples  
         moved adoption of committee substitute for SB 1765; without  
         objection, it was so ordered.  Senator Staples moved that SB  
         1765 do not pass but that CSSB 1765 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.  
          
         Upon the arrival of a quorum, the chair recognized Senator  
         Armbrister on SB  1504.  Senator Armbrister offered committee  
         amendment 1 to the committee substitute for SB 1504.  Senator  
         Armbrister withdrew committee amendment 1.  Senator Armbrister  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Armbrister moved that SB 1504 do not  
         pass but that CSSB 1504 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 requested unanimous consent to be shown voting aye  
         on CSSB 1765; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1765 and CSSB 1504; without objection, it was so  
         ordered.  
          
         Senator Armbrister moved SB 1766 and the committee substitute be  
         left pending; without objection, it was so ordered.  
          
         Senator Armbrister resumed the chair.   
          
         The chair laid out SB 1366 and recognized the author, Senator  
         Estes, to explain the bill.  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.  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 1366 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1698 and recognized Senator Estes, in the  
         absence of the author, to explain the bill.    Senator Estes  
         moved to temporarily table SB 1698 in order to take up SB 1854;  
         without objection, it was so ordered.  
          
         The chair laid out SB 1854 and recognized the author, Senator  
         Lucio, Jr., 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 1854  
         be left pending; without objection, it was so ordered.   
          
         The chair removed from the table SB 1698.  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 Estes moved that SB 1698 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Lindsay moved that SB 1698 do not  
         pass but that CSSB 1698 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 Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1698; without objection, it was so ordered. 
          
         Senator Staples assumed the chair.   
          
         The chair laid out SB 1799 and recognized Senator Armbrister, 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 Armbrister moved that SB  
         1799 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Hinojosa  
         moved that SB 1799 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 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 1799; without objection, it was so ordered. 
          
         Senator Armbrister resumed the chair.   
          
         As a matter of pending business, the chair laid out HB 957 and  
         recognized the Senate sponsor, Senator Staples, to explain the  
         bill.  Senator Staples moved that HB 957 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 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 HB 957; without objection, it was so ordered.   
          
         As a matter of pending business, the chair laid out HB 1139 and  
         recognized the Senate sponsor, Senator Staples, to explain the  
         bill.   Senator Staples moved that HB 1139 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 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 HB 1139; without objection, it was so ordered. 
           
         As a matter of pending business, the chair laid out SB 1451.   
         Upon arrival of a quorum, Senator Hinojosa moved that SB 1451 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  
         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 1451; without objection, it was so ordered. 
          
         As a matter of pending business, the chair laid out SB 1726.   
         Senator Barrientos moved to pull down the substitute previously  
         offered; without objection, it was so ordered.  Senator  
         Barrientos offerd a new committee substitute.  Senator Staples  
         was recognized to explain the substitute.  Senator Barrientos  
         moved adoption of the new committee substitute; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Hinojosa moved that SB 1726 do not pass but that CSCSB 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 8  
         ayes, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Hinojosa 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 1726; without objection, it was so ordered. 
          
         Senator Staples assumed the chair.   
          
         As a matter of pending business, the chair laid out SB 1797.   
         Senator Armbrister moved to pull down the substitute previously  
         offered; without objection, it was so ordered.  Senator  
         Armbrister sent up a new 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. Senator Armbrister moved that SB  
         1797 do not pass but that CSSB 1797 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 Armbrister  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 1797; without objection, it was so ordered. 
          
         There was no action taken for the following bill(s):  
          
         SB 1698 
         SB 1166 
          
         There being no further business, at 6:30 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