MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Thursday, May 12, 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 Thursday, May 12, 2005, in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Juan Hinojosa
Senator Mike Jackson
Senator Gonzalo Barrientos
Senator Robert Duncan
Senator Craig Estes
Senator Troy Fraser
Senator Jon Lindsay
Senator Frank Madla
Senator Kel Seliger
Senator Todd Staples
*****
The chair called the meeting to order at 4:42 p.m. There being
a quorum present, the following business was transacted:
Senator Barrientos assumed the chair.
The chair laid out HB 365 and recognized the Senate sponsor,
Senator Armbrister, 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
Armbrister moved that HB 365 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that HB 365 do not pass but that CSHB 365
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
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 HB 365; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 365; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 365; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 365; without objection, it was so ordered.
The chair laid out HB 484 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 484 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Jackson moved that HB 484 be
reported favorably 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
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 HB 484; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 484; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 484; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 484; without objection, it was so ordered.
The chair laid out HB 578 and recognized the Senate sponsor,
Senator Armbrister, 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
Armbrister moved that HB 578 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Staples moved that HB 578 be reported favorably 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 Staples 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 HB 578; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 578; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 578; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 578; without objection, it was so ordered.
The chair laid out HB 872 and recognized the Senate sponsor,
Senator Armbrister, 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
Armbrister moved that HB 872 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that HB 872 be reported favorably 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 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 HB 872; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 872; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 872; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 872; without objection, it was so ordered.
The chair laid out HB 881 and recognized the Senate sponsor,
Senator Armbrister, 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
Armbrister moved that HB 881 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Jackson moved that HB 881 be reported favorably 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 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 HB 881; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 881; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 881; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 881; without objection, it was so ordered.
The chair laid out HB 1673 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 Jackson moved that HB
1673 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 1673 be reported favorably 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 HB 1673; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 1673; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 1673; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 1673; without objection, it was so ordered.
The chair laid out HB 1987 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
1987 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Staples moved
that HB 1987 be reported favorably 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 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 HB 1987; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 1987; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 1987; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 1987; without objection, it was so ordered.
The chair laid out HB 1959 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
1959 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Staples sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. Senator Staples 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
1959 do not pass but that CSHB 1959 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 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 CSHB 1959; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSHB 1959; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSHB 1959; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSHB 1959; without objection, it was so ordered.
The chair laid out HB 2428 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 2428 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Jackson moved that HB 2428 be
reported favorably 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
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 2428; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 2428; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 2428; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2428; without objection, it was so ordered.
The chair laid out HB 2679 and recognized Senator Barrientos, 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
Barrientos moved that HB 2679 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Staples moved that HB 2679 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 Staples 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 2679; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 2679; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 2679; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2679; without objection, it was so ordered.
The chair laid out HB 2622 and recognized Senator Barrientos, 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
Barrientos sent up a committee substitute; the chair recognized
Senator Barrientos to explain the difference between the
committee substitute and the bill as filed. Senator Barrientos
moved that HB 2622 be left pending; without objection, it was so
ordered.
The chair laid out HB 2481 and recognized the Senate sponsor,
Senator Harris, 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 Barrientos sent up a
committee substitute; the chair recognized Senator Harris to
explain the difference between the committee substitute and the
bill as filed. Senator Jackson sent up Committee Amendment 1
and moved adoption; without objection, the amendment was
adopted. Senator Jackson sent up Committee Amendment 2 and
moved adoption; without objection, the amendment was adopted.
Senator Jackson requested unanimous consent to roll the
amendments into the 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 2481 do not pass but that CSHB
2481 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.
committee substitute; without objection, it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSHB 2481; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSHB 2481; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSHB 2481; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSHB 2481; without objection, it was so ordered.
Senator Fraser assumed the chair.
The chair laid out HB 1611 and recognized Senator Barrientos, 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
Barrientos moved that HB 1611 be left pending; without
objection, it was so ordered.
The chair laid out HB 2027 and recognized Senator Seliger, 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 Seliger
sent up a committee substitute; the chair recognized Senator
Seliger to explain the difference between the committee
substitute and the bill as filed. Senator Seliger moved that HB
2027 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Seliger moved
adoption of the substitute. Senator Seliger moved that HB 2027
do not pass but that CSHB 2027 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 Barrientos requested unanimous consent to be shown
voting aye on CSHB 2027; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSHB 2027; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSHB 2027; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSHB 2027; without objection, it was so ordered.
Senator Armbrister assumed the chair.
The chair laid out HB 2410 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. There were no witnesses
registered on this bill. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Jackson moved that HB 2410 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Jackson moved that HB 2410 be reported favorably
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 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 2410; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 2410; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 2410; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2410; without objection, it was so ordered.
The chair laid out HB 2942 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. There were no witnesses
registered. Senator Jackson moved that HB 2942 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Jackson moved that HB 2942 be
reported favorably 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 Barrientos requested unanimous consent to be shown
voting aye on HB 2942; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 2942; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 2942; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2942
Senator Jackson assumed the chair.
The chair laid out HB 2129 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 sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Armbrister sent up Committee
Amendment 2 and moved adoption; without objection, the amendment
was adopted. Senator Armbrister sent up Committee Amendment 3
and moved adoption; without objection, the amendment was
adopted.
Senator Armbrister sent up Committee Amendment 4. Senator
Armbrister moved to withdraw Committee Amendment 4without
objection, the amendment was withdrawn. Senator Armbrister sent
up Committee Amendment 5 and moved adoption; without objection,
the amendment was adopted. Senator Barrientos sent up
Committee Amendment 6 and moved adoption; without objection, the
amendment was adopted. Senator Staples sent up Committee
Amendment 7 and moved adoption; without objection, the amendment
was adopted. Senator Armbrister moved that HB 2129, 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 10 ayes, 0 nay, 0 present not voting, and 1 absent.
Senator Barrientos requested unanimous consent to be shown
voting aye on HB 2129 as amended; without objection, it was so
ordered.
Senator Madla requested unanimous consent to be shown voting aye
on HB 2129 as amended; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 2129 as amended; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on HB 2129 as amended; without objection, it was so ordered.
The chair laid out HB 2423 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
2423 be left pending; without objection, it was so ordered.
The chair laid out HB 467 and recognized the Senate sponsor,
Senator Staples, 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 Staples sent up a
committee substitute; the chair recognized Senator Staples to
explain the difference between the committee substitute and the
bill as filed. Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Jackson moved that HB 467 do not pass but that CSHB 467 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 Barrientos requested unanimous consent to be shown
voting aye on CSHB 467; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSHB 467; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSHB 467; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSHB 467; without objection, it was so ordered.
Senator Lindsay assumed the chair.
The chair laid out HB 2430 and recognized Senator Barrientos, 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
Barrientos sent up 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 2430 do not pass but that CSHB 2430 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 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 CSHB 2430; without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSHB 2430; without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on CSHB 2430; without objection, it was so ordered.
Senator Fraser requested unanimous consent to be shown voting
aye on CSHB 2430; without objection, it was so ordered.
There was no action taken for the following bill(s):
HB 2045
SB 1724
HB 2161
There being no further business, at 8:15 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