MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                                Tuesday, May 3, 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, May 3, 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 Todd Staples 
         Senator Gonzalo Barrientos 
         Senator Craig Estes 
         Senator Troy Fraser 
         Senator Juan Hinojosa 
         Senator Jon Lindsay 
         Senator Frank Madla 
         Senator Kel Seliger 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 4:02 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Jackson moved that a time limit of two minutes be set  
         for public testimony  for all bills on the agenda; without  
         objection, it was so ordered. 
          
         The chair laid out SB 901 and recognized the author, Senator  
         Lindsay, 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 Lindsay moved that SB 901 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Lindsay moved that SB 901 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 Lindsay 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 901; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
  
         aye on SB 901; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 901; without objection, it was so ordered. 
          
         Senator Jackson assumed the chair.   
          
         The chair laid out SB 765 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 sent up a  
         committee substitute; the chair recognized Senator Armbrister to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Armbrister moved that SB 765 be left  
         pending; without objection, it was so ordered.   
          
         Senator Armbrister resumed the chair.   
          
         The chair laid out HB 373 and recognized the Senate sponsor,  
         Senator Jackson, to explain the bill.  There were no witnesses  
         registered.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator Jackson  
         moved that HB 373 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that HB 373 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 HB 373; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 373; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 373; without objection, it was so ordered. 
          
         The chair laid out HB 774 and recognized the Senate sponsor,  
         Senator Jackson, to explain the bill.  There were no witnesses  
         registered.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator Jackson  
         moved that HB 774 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that HB 774 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 moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Hinojosa requested unanimous consent to be shown voting  
  
         aye on HB 774; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 774; without objection, it was so ordered.  
          
         The chair laid out HB 951 and recognized the Senate sponsor,  
         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  
         moved that HB 951 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Seliger sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Seliger  
         moved that HB 951 do not pass but that HB 951 as amended, 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 Barrientos requested unanimous consent to be shown  
         voting aye on HB 951 as amended; without objection, it was so  
         ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 951 as amended; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 951 as amended; without objection, it was so ordered.   
          
         The chair laid out HB 1362 and recognized the Senate sponsor,  
         Senator Jackson, 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 Jackson moved that HB 1362 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Jackson moved that HB 1362 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 HB 1362; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 1362; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1362; without objection, it was so ordered. 
          
         The chair laid out HB 1363 and recognized the Senate sponsor,  
         Senator Jackson, 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 Jackson moved that HB 1363 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Jackson moved that HB 1363 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  
         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 HB 1363; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 1363; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1363; without objection, it was so ordered.  
          
         The chair laid out HB 2555 and recognized Senator Jackson, in  
         the absence of the Senate sponsor, 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 HB 2555 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that HB 2555 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 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 HB 2555; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 2555; without objection, it was so ordered. 
          
         The chair laid out HB 1361 and recognized the Senate sponsor,  
         Senator Jackson, 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 HB  
         1361 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Jackson moved  
         that HB 1361 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 moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Hinojosa requested unanimous consent to be shown voting  
  
         aye on HB 1361; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1361; without objection, it was so ordered. 
           
         The chair laid out HB 1935 and recognized Senator Jackson, in  
         the absence of the Senate sponsor, 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 HB 1935 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that HB 1935 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 Lindsay 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 HB 1935; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 1935; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1935; without objection, it was so ordered. 
          
         The chair laid out HB 2096 and recognized Senator Jackson, in  
         the absence of the Senate sponsor, 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 Jackson moved  
         that HB 2096 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that HB 2096 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 HB 2096; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 2096; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 2096; without objection, it was so ordered. 
          
         Senator Jackson assumed the chair.   
          
         The chair laid out HB 883 and recognized the Senate sponsor,  
         Senator Armbrister, 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 HB 883 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Jackson moved that HB 883 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 HB 883; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 883; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 883; without objection, it was so ordered. 
          
         The chair laid out HB 472 and recognized the Senate sponsor,  
         Senator Armbrister, 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 HB 472 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Jackson moved that HB 472 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 HB 472; without objection, it was so ordered. 
          
         Senator Hinojosa requested unanimous consent to be shown voting  
         aye on HB 472; without objection, it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 472; without objection, it was so ordered.  
          
         Senator Armbrister resumed the chair.   
          
         There was no action taken for the following bill(s): 
          
         SB 1232 
         SB 1678 
          
         There being no further business, at 7:16 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