MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Thursday, May 3, 2001
2:00 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 3, 2001, in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator J. E. Brown None
Senator Robert Duncan
Senator Gonzalo Barrientos
Senator David Bernsen
Senator Teel Bivins
Senator Tom Haywood
Senator Eddie Lucio
*****
The Chair called the meeting to order at 3:07 p.m. There being
a quorum present, the following business was transacted:
The Chair laid out HB2217 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. Public testimony was
closed. The bill was left pending awaiting a quorum.
The Chair laid out HB3626 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. Senator Haywood sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Haywood sent up Committee
Amendment 2 and moved adoption; without objection, the amendment
was adopted. Senator Haywood moved that HB3626, 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 4
ayes, 0 nay, 0 present not voting, and 3 absent. Senator
Haywood moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered. Senator Haywood moved to reconsider the vote by which
HB3626 as amended was adopted; without objection, it was so
ordered. Senator Haywood requested unanimous consent to roll
the amendments into a committee substitute; without objection,
it was so ordered. Senator Haywood then moved that the
committee substitute be adopted; without objection, it was so
ordered. Senator Haywood moved that HB3626 do not pass but that
CSHB3626 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 4 ayes, 0 nay, 0 present not voting, and 3
absent.
The Chair laid out HB3636 and recognized Senator Bernsen, in the
absence of the Senate sponsor, to explain the bill. Public
testimony was closed. Senator Bernsen moved that HB3636 be
reported favorably to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator
Bernsen moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Bernsen moved that CSHB3626 be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB3024 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. Public testimony was
closed. Senator Bivins moved that HB3024 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 4 ayes, 0
nay, 0 present not voting, and 3 absent. Senator Bivins moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Bernsen moved that HB2217 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 4 ayes, 0 nay, 0
present not voting, and 3 absent. Senator Bernsen moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out SCR51 and recognized the author, Senator
Bivins, to explain the bill. Public testimony was closed.
Senator Bivins moved that SCR51 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 4 ayes, 0 nay, 3
present not voting, and 0 absent. Senator Bivins moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out HCR88 and recognized the Senate sponsor,
Senator Lucio, to explain the bill. Public testimony was
closed. Senator Lucio moved that HCR88 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 4 ayes, 0
nay, 0 present not voting, and 3 absent. Senator Lucio moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out HB1842 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill. Public testimony was
taken. Witnesses testifying and registering on the bill are
shown on the attached list. Public testimony was closed.
Senator Bivins moved that HB1842 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 4 ayes, 0 nay, 0
present not voting, and 3 absent. Senator Bivins moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out HB2491 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill. Public testimony was
closed. Senator Lucio moved that HB2491 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 5 ayes, 0
nay, 0 present not voting, and 2 absent. Senator Lucio moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Bivins assumed the Chair.
The Chair laid out HB2817 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown sent up a
committee substitute; the Chair recognized Senator Brown to
explain the difference between the committee substitute and the
bill as filed. Senator Brown moved adoption of the committee
substitute; without objection, it was so ordered. Public
testimony was closed. Senator Brown moved that HB2817 do not
pass but that CSHB2817 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 2 absent. Senator Brown moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Brown resumed the Chair.
The Chair laid out HB266, left pending from a previous hearing.
Senator Bivins sent up a committee substitute; the Chair
recognized Senator Bivins to explain the difference between the
committee substitute and the bill as filed. Senator Bivins
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Bivins moved that HB266 do not pass
but that CSHB266 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 2 absent. Senator Bivins moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB2912 and SB493 and recognized Senator
Armbrister, in the absence of the Senate sponsor of HB2912, to
explain HB2912. Senator Bivins sent up a committee substitute;
the Chair recognized Senator Armbrister and Michael Grimes from
Senator Harris' office to explain the difference between the
committee substitute and the bill as filed. Senator Bivins
moved adoption of the committee substitute; without objection,
it was so ordered.
The Chair ordered that the Committee stand at ease at 3:55 p.m.
At 4:02 p.m., the Chair called the meeting back to order.
Public testimony was taken. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair recognized the author of HB493, Senator Bernsen, to
explain the bill. Senator Bernsen sent up a committee
substitute; the Chair recognized Senator Bernsen to explain the
difference between the committee substitute and the bill as
filed. Public testimony was taken on CSSB493 and CSHB2912.
Witnesses testifying and registering on the bills are shown on
the attached list.
Senator Bivins sent up Committee Amendment 1.
Senator Bivins sent up Committee Amendment 2.
Senator Bernsen sent up Committee Amendment 3.
Senator Bivins sent up Committee Amendment 4.
Senator Bivins sent up Committee Amendment 5.
Senator Bivins sent up Committee Amendment 6.
Senator Bivins sent up Committee Amendment 7.
Senator Bivins sent up Committee Amendment 8.
Senator Bivins sent up Committee Amendment 9.
Senator Bivins sent up Committee Amendment 10.
Senator Haywood sent up Committee Amendment 11.
Senator Haywood sent up Committee Amendment 12.
Senator Haywood sent up Committee Amendment 13.
Senator Haywood sent up Committee Amendment 14.
Senator Lucio sent up Committee Amendment 15.
Senator Lucio sent up Committee Amendment 16.
Senator Barrientos sent up Committee Amendment 17.
Senator Barrientos sent up Committee Amendment 18.
Senator Bernsen sent up Committee Amendment 19.
Senator Bernsen sent up Committee Amendment 20.
Senator Bernsen sent up Committee Amendment 21.
Senator Bernsen sent up Committee Amendment 22.
Senator Bernsen sent up Committee Amendment 23.
Senator Bernsen sent up Committee Amendment 24.
Senator Bernsen sent up Committee Amendment 25.
Senator Bernsen sent up Committee Amendment 26.
Senator Bernsen sent up Committee Amendment 27.
Senator Bernsen sent up Committee Amendment 28.
Senator Bernsen sent up Committee Amendment 29.
There being no further business to come before the Committee, at
12:11 a.m., the Committee stood recessed subject to the call of
the Chair.
The Chair called the meeting back to order on Friday, May 4,
2001 at 2:12 p.m.
The Chair again laid out CSHB2912 and the proposed Committee
Amendments 1 through 29.
Senator Lucio moved adoption of Committee Amendment 1. Senator
Bernsen objected. The amendment was adopted.
Committee Amendment 2 was pulled down.
Senator Bernsen moved adoption of Committee Amendment 3; without
objection, the amendment was adopted.
Senator Lucio moved adoption of Committee Amendment 4; without
objection, the amendment was adopted.
Senator Lucio moved adoption of Committee Amendment 5; without
objection, the amendment was adopted.
Senator Duncan moved adoption of Committee Amendment 6; without
objection, the amendment was adopted.
Committee Amendments 7, 8, 9, 10 and 11 were pulled down.
Senator Duncan moved adoption of Committee Amendment 12. The
amendment was adopted with a record vote of 6 ayes, 1 nay, 0
present not voting, and 0 absent.
Senator Duncan moved to reconsider the vote by which Committee
Amendment 12 was adopted; without objection, it was so ordered.
Senator Duncan assumed the Chair.
The vote on Committee Amendment 12 was taken again and the
amendment was adopted with a record vote of 5 ayes, 1 nay, 0
present not voting, and 1 absent.
Committee Amendment 13 was pulled down.
Senator Haywood moved adoption of Committee Amendment 14. The
amendment was adopted with a record vote of 6 ayes, 1 nay, 0
present not voting, and 0 absent.
Senator Lucio moved adoption of Committee Amendment 15; without
objection, the amendment was adopted.
Committee Amendment 16 was pulled down.
Senator Barrientos moved adoption of Committee Amendment 17.
The amendment was adopted with a record vote of 5 ayes, 2 nays,
0 present not voting, and 0 absent.
Committee Amendments 18 and 19 were pulled down.
Senator Bernsen moved adoption of Committee Amendment 20. The
amendment failed adoption with a record vote of 3 ayes, 3 nays,
0 present not voting, and 1 absent.
Senator Bernsen moved adoption of Committee Amendment 21. The
amendment failed adoption with a record vote of 2 ayes, 4 nays,
0 present not voting, and 1 absent.
Committee Amendment 22 was pulled down.
Senator Bernsen moved adoption of Committee Amendment 23. The
amendment was adopted with a record vote of 5 ayes, 1 nay, 0
present not voting, and 1 absent.
Senator Bernsen moved adoption of Committee Amendment 24;
without objection, the amendment was adopted.
Committee Amendment 25 was pulled down.
Senator Bernsen moved adoption of Committee Amendment 26;
without objection, the amendment was adopted.
Committee Amendments 27, 28 and 29 were pulled down.
Senator Lucio sent up Committee Amendment 30 and moved adoption;
without objection, the amendment was adopted.
Senator Lucio sent up Committee Amendment 31 and moved adoption;
without objection, the amendment was adopted.
Senator Barrientos sent up Committee Amendment 32 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio sent up Committee Amendment 33 and moved adoption;
without objection, the amendment was adopted.
Senator Lucio sent up Committee Amendment 34 and moved adoption;
without objection, the amendment was adopted.
Senator Lucio sent up Committee Amendment 35 and moved adoption;
without objection, the amendment was adopted.
Senator Haywood sent up Committee Amendment 36 and moved
adoption; without objection, the amendment was adopted.
Committee Amendments 37 and 38 were held.
Senator Lucio sent up Committee Amendment 39 and moved adoption;
without objection, the amendment was adopted.
Senator Barrientos sent up Committee Amendment 42 and moved
adoption; without objection, the amendment was adopted.
Senator Bernsen sent up Committee Amendment 43 and moved
adoption; without objection, the amendment was adopted.
Senator Bernsen sent up Committee Amendment 44 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator Lucio then moved that the new committee
substitute be adopted; without objection, it was so ordered.
Senator Lucio moved that HB2912 do not pass but that CSHB2912 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 1 present not voting, and 0 absent.
There being no further business, at 5:25 p.m. the Committee
stood recessed subject to the call of the Chair. Without
objection, it was so ordered.
______________________________
Senator J. E. Brown, Chair
______________________________
Carol McGarah, Clerk