MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                               Thursday, May 5, 2005 
                           1:45 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 Thursday, May 5, 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 1:53 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1840 and in the absence of the author  
         explained SB 1840.  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 1840 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, 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 1840 do not pass but that CSSB 1840 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  
         Jackson moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out SB 1839 and recognized Senator Jackson, in  
         the absence of the author, 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 SB 1839 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Jackson moved that SB 1839 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 Seliger moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 2313 and recognized Senator Lindsay, in  
         the absence of the Senate sponsor, 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 Lindsay moved that HB 2313 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Jackson moved that HB 2313 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.   
          
         The chair laid out HB 769 and recognized Senator Jackson, in the  
         absence of the Senate sponsor, to explain the bill.  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.  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 769  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Jackson moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Jackson moved that HB 769 do not pass but  
         that CSHB 769 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 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 1097 and recognized Senator Lindsay, 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 Lindsay  
         moved that HB 1097 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Lindsay moved that HB 1097 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.   
          
         The chair laid out HB 1540 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 1540 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  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Seliger then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Senator Seliger  
         moved that HB 1540 do not pass but that CSHB 1540 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 Seliger assumed the chair.   
          
         The chair laid out HB 1705 and recognized the Senate sponsor,  
         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 HB  
         1705 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon the arrival of a quorum, Senator Jackson  
         offered Committee Amendment #1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Jackson requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Jackson then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Jackson moved  
         that HB 1705 do not pass but that CSHB 1705 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 moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Armbrister assumed the chair.   
          
         The chair laid out HB 1229 and recognized the Senator Seliger 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 Seliger moved that HB  
         1229 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Jackson moved  
         that HB 1229 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 828 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 828 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Fraser moved that HB 828 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 Fraser moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1676 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Lindsay assumed the chair.   
          
         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 moved that SB 1676 be left pending; without  
         objection, it was so ordered.   
          
         There being no further business, at 3:08 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