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