MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                              Tuesday, April 29, 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 29, 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 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 6:10 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1899 and recognized the author, Senator  
         Staples, to explain the bill.  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.  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 1899 do not pass but that CSSB 1899 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.   
         Senators Barrientos, Fraser, Lindsay and Lucio requested  
         unanimous consent to be shown voting aye on CSSB 1899; without  
         objection, it was so ordered. 
          
         The chair laid out HB 1150 and recognized the Senate sponsor,  
  
         Senator Wentworth, to explain the bill.  Senator Staples sent up  
         a committee substitute; the chair recognized Senator Wentworth  
         to explain the difference between the committee substitute and  
         the bill as filed.  Senator Staples sent up Committee Amendment  
         1 and moved adoption; without objection, the amendment was  
         adopted.  Senator Staples requested unanimous consent to  
         incorporate the amendment into the committee substitute; without  
         objection, it was so ordered.  Senator Staples then moved that  
         the new committee substitute be adopted; without objection, it  
         was so ordered. 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 HB 1150 do not pass but that CSHB  
         1150 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.   
          
         Senators Barrientos, Fraser, Lindsay and Lucio requested  
         unanimous consent to be shown voting aye on CSHB 1150; without  
         objection, it was so ordered 
          
         The chair laid out SB 1481 and recognized Senator Estes, in the  
         absence of the author, to explain the bill.  There were no  
         witnesses on the bill.  Senator Estes moved that SB 1481 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 Barrientos, Fraser, Lindsay, and Lucio requested  
         unanimous consent to be shown voting aye on SB 1481; without  
         objection, it was so ordered. 
          
         The chair laid out SB 1451 and recognized Senator Duncan, in the  
         absence of the author, to explain the bill.  There were no  
         witnesses on the bill.  Senator Duncan moved that SB 1451 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  
         Duncan moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senators Fraser, Lindsay and Lucio requested unanimous consent  
         to be shown voting aye on SB 1451; without objection, it was so  
         ordered. 
          
         At 6:30 p.m. Senator Estes assumed the chair.   
          
         The chair laid out SB 24 and recognized the author, Senator  
  
         Armbrister, to explain the bill.  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 adoption of the  
         committee substitute; without objection, it was so ordered.   
         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 24 do not pass but that CSSB 24 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  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 7:05 p.m. Senator Jackson assumed the chair.   
          
         Senators Barrientos, Fraser, Lindsay, and Lucio requested  
         unanimous consent to be shown voting aye on CSSB 24; without  
         objection, it was so ordered. 
          
         At 7:10 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB 2382 and recognized the Senate sponsor,  
         Senator Averitt, to explain the bill.  There were no witnesses  
         on the bill.  Senator Hinojosa moved that HB 2382 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.   
          
         Senators Barrientos, Fraser, Lindsay, and Lucio requested  
         unanimous consent to be shown voting aye on HB 2382; without  
         objection, it was so ordered. 
          
         The chair laid out SB 970 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Senator Estes sent up a  
         committee substitute; the chair recognized Senator Shapleigh 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.  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 Duncan moved that  
         SB 970 do not pass but that CSSB 970 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, Lindsay, and Lucio requested unanimous  
         consent to be shown voting aye on CSSB 970; without objection,  
         it was so ordered. 
  
         The chair laid out SB 1570 and recognized Senator Hinojosa, in  
         the absence of the author, to explain the bill.  Senator  
         Hinojosa sent up a committee substitute; the chair recognized  
         Senator Hinojosa to explain the difference between the committee  
         substitute and the bill as filed.  Senator Hinojosa moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  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 Hinojosa moved that SB 1570 do not pass but that CSSB  
         1570 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 Hinojosa moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senators Barrientos, Fraser, Lindsay, and Lucio requested  
         unanimous consent to be shown voting aye on CSSB 1570; without  
         objection, it was so ordered. 
         The chair laid out SB 1494 and recognized Senator Hinojosa, in  
         the absence of the author, to explain the bill.  Senator  
         Hinojosa sent up a committee substitute; the chair recognized  
         Senator Hinojosa to explain the difference between the committee  
         substitute and the bill as filed.  Senator Hinojosa moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  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 Hinojosa moved that SB 1494 do not pass but that CSSB  
         1494 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 Hinojosa moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senators Barrientos, Fraser, Lindsay and Lucio requested  
         unanimous consent to be shown voting aye on CSSB 1494; without  
         objection, it was so ordered. 
          
         The chair laid out SB 767 and recognized the author, Senator  
         Jackson, to explain the bill.  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 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  
         requested unanimous consent to incorporate amendments into the  
         committee substitute; without objection, it was so ordered.   
         Senator Jackson then moved that the new committee substitute be  
         adopted; without objection, it was so ordered. Witnesses  
         testifying and registering on the bill are shown on the attached  
  
                                      SENATE COMMITTEE ON NATURAL RESOURCES 
                                                                    Minutes 
                                                    Tuesday, April 29, 2003 
                                                                      page   5 
                                                                            
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.   Senator Jackson moved  
         that SB 767 do not pass but that CSSB 767 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.   
          
         Senators Barrientos, Fraser, Lindsay, and Lucio requested  
         unanimous consent to be shown voting aye on CSSB 767; without  
         objection, it was so ordered. 
          
         At 7:30 p.m. Senator Jackson assumed the chair.   
          
         The chair laid out HB 2021 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Senator Armbrister  
         sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Armbrister  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Armbrister then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  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 2021 do not pass but that CSHB 2021 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 Armbrister  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senators Barraientos, Fraser, Lindsay, and Lucio requested  
         unanimous consent to be shown voting aye on CSHB 2021; without  
         objection, it was so ordered. 
          
         At 7:40 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out HB 1567 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.  Senator Staples moved to  
         limit the testimony on HB 1567 to two minutes each; without  
         objection, it was so ordered.  Senator Jackson sent up a  
         committee substitute; the chair recognized Senator Bivins 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.  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 Duncan moved that  
         HB 1567 do not pass but that CSHB 1567 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, 2 nays, 0  
         present not voting, and 2 absent.   
         Senator Lindsay requested unanimous consent to be shown voting  
  
                                      SENATE COMMITTEE ON NATURAL RESOURCES 
                                                                    Minutes 
                                                    Tuesday, April 29, 2003 
                                                                      page   6 
                                                                            
         aye on CSHB 1567; without objection, it was so ordered.  Senator  
         Barrientos requested unanimous consent to be shown voting nay on  
         CSHB 1567; without objection, it was so ordered.  
          
         At 8:10 p.m. Senator Staples assumed the chair.   
          
         The chair brought up SB 1254 from pending business.  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 adoption of the committee substitute; without objection,  
         it was so ordered.  Senator Armbrister moved that SB 1254 do not  
         pass but that CSSB 1254 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 Armbrister moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 8:15 p.m. Senator Armbrister resumed the chair.   
          
         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