MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                               Tuesday, April 1, 2003 
                                     1:00 p.m. 
                           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 1, 2003, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Florence Shapiro 
         Senator Mike Jackson 
         Senator Gonzalo Barrientos 
         Senator Robert Duncan 
         Senator Craig Estes 
         Senator Troy Fraser 
         Senator Juan Hinojosa 
         Senator Jon Lindsay 
         Senator Eddie Lucio, Jr. 
         Senator Todd Staples 
                                           
                                       ***** 
                                           
         Senator Staples  called the meeting to order at 1:10 p.m.  There  
         being a quorum present, the following business was transacted:   
          
         The chair laid out SB 1084 and recognized the author, Senator  
         Madla, 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 moved that SB  
         1084 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that SB 1084 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 Lucio, Jr. moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Jackson, Fraser, and Hinojosa requested unanimous  
         consent to be shown voting aye on SB 1084; without objection, it  
         was so ordered. 
          
         At 1:40 p.m. Senator Armbrister assumed the chair.   
          
         The chair laid out SB 1877 and recognized the author, Senator  
  
         Madla, 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 SB  
         1877 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that SB 1877 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 Lucio, Jr. moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Jackson, Fraser, and Hinojosa requested unanimous  
         consent to be shown voting aye on SB 1877; without objection, it  
         was so ordered. 
          
         At 1:50 p.m. Senator Barrientos assumed the chair.  
          
         The chair laid out SB 1484 and recognized the author, Senator  
         Ogden, 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 SB  
         1484 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lindsay moved  
         that SB 1484 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 Lindsay moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Jackson, Fraser, and Hinojosa requested unanimous  
         consent to be shown voting aye on SB 1484; without objection, it  
         was so ordered. 
          
         At 2:05 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out SB 1140 and recognized Senator Lindsay, in  
         the absence of the author, 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 SB 1140 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Estes moved that SB 1140 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 Estes moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senators Jackson and Fraser requested unanimous consent to be  
         shown aye on SB 1140; without objection, it was so ordered. 
  
         The chair laid out SB 643 and recognized the author, Senator  
         Wentworth, 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 SB  
         643 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved  
         that SB 643 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 Fraser requested unanimous consent to be shown voting  
         aye on SB 643; without objection, it was so ordered. 
          
         The chair laid out SB 860 and recognized the author, Senator  
         Wentworth, 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 Armbrister moved that SB 860 be  
         left pending at the request of the author; without objection, it  
         was so ordered.   
          
         The chair laid out SB 985 and recognized the author, Senator  
         Wentworth, 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 SB  
         985 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved  
         that SB 985 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 Lucio, Jr. 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 985; without objection, it was so ordered. 
          
         The chair laid out SB 1016 and recognized the author, Senator  
         Wentworth, 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 SB  
         1016 be left pending awaiting the arrival of the companion house  
         bill; without objection, it was so ordered.   
          
         The chair laid out SB 644 and recognized the author, Senator  
         Wentworth, to explain the bill.  Witnesses testifying and 
         registering on the bill are shown on the attached list.  Senator  
         Estes sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Estes requested  
         unanimous consent to roll the amendment into a committee  
         substitute; without objection, it was so ordered.  Senator Estes  
         then moved that the committee substitute be adopted; without  
         objection, it was so ordered. The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Armbrister moved that SB 644 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Estes moved that SB 644 do not pass but that  
         CSSB 644 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 Fraser requested unanimous consent to be shown voting  
         aye on CSSB 644; without objection, it was so ordered. 
         The chair laid out SB 640 and recognized the author, Senator  
         West, 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 SB 640 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Jackson moved that SB 640 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 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 640; without objection, it was so ordered. 
          
         The chair laid out SB 745 and recognized the author, Senator  
         Williams, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Jackson sent up a committee substitute; the chair recognized  
         Senator Williams 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. The chair moved that the public testimony be closed;  
         without objection, it was so ordered.   Senator Armbrister moved  
         that SB 745 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that SB 745 do not pass but that CSSB 745 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  
         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 CSSB 745; without objection, it was so ordered. 
          
         The chair laid out SB 1603 and recognized the author, Senator  
         Ellis, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Estes sent up a committee substitute; the chair recognized  
         Senator Ellis to explain the difference between the committee  
         substitute and the bill as filed.  Senator Estes moved adoption  
         of the committee substitute; without objection, it was so  
         ordered.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Armbrister moved  
         that SB 1603 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Estes moved that SB 1603 do not pass but that CSSB 1603 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 moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 2:45 p.m. Senator Jackson assumed the chair.   
          
         At 2:55 p.m. Senator Lucio, Jr. assumed the chair. 
            
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1603; without objection, it was so ordered. 
          
         At 3:30 p.m. Senator Jackson assumed the chair.   
          
         The chair laid out SB 1265 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 moved that SB  
         1265 be left pending; without objection, it was so ordered.   
          
         At 3:45 p.m. Senator Armbrister resumed the chair.   
          
         Senator Estes moves to reconsider CSSB 155 previously adopted;  
         without objection, it was so ordered.  Senator Estes sent up a  
         new committee substitute; the chair recognized Senator Estes to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Estes moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator Estes  
         moved that SB 155 do not pass but that CSSB 155 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.   
          
         Senators Barrientos, Fraser, and Hinojosa requested unanimous  
         consent to be shown voting aye on CSSB 155; without objection,  
         it was so ordered. 
         The Chair brought up SB 623 from pending business.  Senator  
         Lindsay moved to reconsider the vote by which Committee  
         Amendment 1 was adopted; without objection, it was so ordered.   
         Senator Lindsay moved to withdraw Committee Amendment 1; without  
         objection, it was so ordered.  Senator Lindsay sent up a new  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Lindsay sent up a committee  
         substitute previously laid out on March 18, 2003; the chair  
         recognized Senator Lindsay to explain the difference between the  
         committee substitute and the bill as filed.  Senator Lindsay  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.  The Chair moved to re-open public testimony;  
         without objection, it was so ordered.  Joe B. Allen then  
         testified. 
         The chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lindsay requested  
         unanimous consent to incorporate amendments into the committee  
         substitute; without objection, it was so ordered.  Senator  
         Lindsay then moved that the new committee substitute be adopted;  
         without objection, it was so ordered.  Senator Lindsay moved  
         that SB 623 do not pass but that CSSB 623 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 7 ayes, 0  
         nay, 0 present not voting, and 4 absent.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 623; without objection, it was so ordered. 
          
         The Chair brought up SB 624 from pending business.  Senator  
         Lindsay sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Lindsay  
         sent up Committee Amendment 2 and moved adoption; without  
         objection, the amendment was adopted. Senator Lindsay requested  
         unanimous consent to incorporate amendments into the committee  
         substitute; without objection, it was so ordered.  Senator  
         Lindsay then moved that the new committee substitute be adopted;  
         without objection, it was so ordered.  Senator Lindsay moved  
         that SB 624 do not pass but that CSSB 624 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 7 ayes, 1  
         nay, 0 present not voting, and 3 absent.   
          
         Senator Fraser requested unanimous consent to be shown voting  
         nay on CSSB 624; without objection, it was so ordered.  
          
         The Chair brought up SJR 30 from pending business.  Senator  
         Lindsay moved that SJR 30 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 1 nay, 0 present  
         not voting, and 3 absent.   
          
         Senator Fraser requested unanimous consent to be shown voting  
         nay on SJR 30; without objection, it was so ordered. 
         At 5:10 p.m. Senator Estes assumed the chair.   
          
         The Chair brought up SB 619 from pending business.  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 requested unanimous consent to incorporate amendments  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Armbrister then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Armbrister moved that SB 619 do not pass but that CSSB  
         619 be reported back to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 7 ayes, 0 nay, 0 present not voting, and 4 absent.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 619; without objection, it was so ordered.  
          
         At 5:15 p.m. Senator Armbrister resumed the chair.   
          
         The Chair then introduced a presentation by Patrick Charbonneau,  
         Vice-President and Chief Technical Officer of International  
         Truck and Engine Corporation.  Members and staff were invited  
         for a demonstration of diesel engine technology in the parking  
         lot of the Capitol. 
          
         There being no further business, at 5:20 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