MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                              Tuesday, April 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 Tuesday, April 12, 2005, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Robert Duncan 
         Senator Mike Jackson                    Senator Juan Hinojosa 
         Senator Gonzalo Barrientos 
         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 1:45 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1634 and recognized the author, 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 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 adoption of the committee  
         substitute; without objection, it was so ordered.   Senator  
         Seliger moved to reconsider the vote by which the substitute  
         passed; without objection, it was so ordered.  Senator Seliger  
         sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Jackson requested  
         unanimous consent to incorporate amendments into the committee  
         substitute; without objection, it was so ordered.  Senator  
         Seliger then moved that the new committee substitute be adopted;  
         without objection, it was so ordered.  Senator Seliger moved  
         that SB 1634 do not pass but that CSSB 1634 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 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 CSSB 1634; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 1634; without objection it was so ordered. 
          
         The chair laid out SB 784 and recognized the author, Senator  
         Shapleigh, 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 SB 784  
         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.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on SB 784; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 784; without objection it was so ordered. 
          
         The chair laid out SB 667 and recognized the author, Senator  
         Shapleigh, 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 SB 667 be left pending; without  
         objection, it was so ordered.    
          
         The chair laid out SB 1032 and recognized Senator Barrientos, 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 Barrientos moved  
         that SB 1032 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Estes moved that SB 1032 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 Barrientos requested unanimous consent to be shown  
         voting aye on SB 1032; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1032; without objection it was so ordered. 
          
         The chair laid out SB 1270 and recognized the author, Senator  
         Jackson, to explain the bill.  There were no witness registered  
         for SB 1270.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Jackson moved that SB 1270 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.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on SB 1270; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1270; without objection it was so ordered. 
          
         At 3:28pm the Chair moved the committee stand at ease.  
          
         At 3:45pm the Chair called the committee back to order.  
          
         The chair laid out SB 1169 and recognized Senator Jackson, 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 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 sent up  
         Committee Amendment 1.  Senator Jackson moved that SB 1169 be  
         left pending; without objection, it was so ordered.   
          
         The chair laid out HB 957 and recognized the Senate sponsor,  
         Senator Staples, 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 Staples moved that HB 957 be left pending;  
         without objection, it was so ordered.   
          
         The chair laid out HB 1139 and recognized the Senate sponsor,  
         Senator Staples, 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 Staples moved that HB 1139 be left pending;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1602 and recognized the author, Senator  
         Estes, 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 Estes moved that SB 1602 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.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on SB 1602; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1602; without objection it was so ordered. 
          
         The chair laid out SB 1407 and recognized the author, Senator  
         Estes, 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 Estes moved that SB 1407  
         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.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on SB 1407; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1407; without objection it was so ordered. 
          
         The chair laid out SB 1710 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 1710 do not pass but  
         that CSSB 1710 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 Staples moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 1710; without objection it was so ordered. 
          
         The chair laid out SB 1063 and SB 1064 recognized the author,  
         Senator Staples, to explain both of the bills.  Witnesses  
         testifying and registering on the bills 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 to SB 1063; 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 Staples sent up a committee substitute to  
         SB 1064; the chair recognized Senator Staples to explain the  
         difference between the committee substitute and the bill as  
         filed.    
          
         Senator Staples moved that SB 1063 do not pass but that CSSB  
         1063 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 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 CSSB 1063; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 1063; without objection it was so ordered. 
          
         Senator Staples moved that SB 1064 be left pending; without  
         objection, it was so ordered.   
          
         Senator Staples assumed the chair.   
          
         The chair laid out SB 3 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Armbrister offered a  
         committee substitute for SB 3.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be left open; without  
         objection, it was so ordered.  
          
         Senator Jackson assumed the chair.   
          
         Senator Armbrister resumed the chair. 
            
         The subcommittee report on SB 1040 was laid out by Senator  
         Jackson.  Senator Jackson was recognized to explain the  
         subcommittee report on SB 1040.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Jackson moved that SB 1040 do not  
         pass but that CSSB 1040 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 CSSB 1040; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 1040; without objection it was so ordered. 
          
         The subcommittee report on SB 1192 was laid out by Senator  
         Jackson.  Senator Estes was recognized to explain the  
         subcommittee report on SB 1192.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Jackson moved that SB 1192 do not  
         pass but that CSSB 1192 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.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 1192; without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 1192; without objection it was so ordered. 
          
         The subcommittee report on SB 1271 was laid out by Senator  
         Jackson.  Senator Jackson was recognized to explain the  
         subcommittee report on SB 1271.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Jackson moved that SB 1271 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 SB 1271 without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1271; without objection it was so ordered. 
          
         The subcommittee report on SB 1273 was laid out by Senator  
         Jackson.  Senator Jackson was recognized to explain the  
         subcommittee report on SB 1273.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Jackson moved that SB 1273 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 SB 1273 without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1273; without objection it was so ordered. 
          
         The subcommittee report on SB 1680 was laid out by Senator  
  
         Jackson.  Senator Jackson was recognized to explain the  
         subcommittee report on SB 1680.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Jackson moved that SB 1680 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 SB 1680 without objection it was so ordered. 
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1680; without objection it was so ordered. 
          
         The subcommittee report on SB 1686 was laid out by Senator  
         Jackson.  Senator Jackson was recognized to explain the  
         subcommittee report on SB 1686.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Estes moved that SB 1686 do not pass  
         but that CSSB 1686 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 Estes moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 1686; without objection it was so ordered. 
          
         The subcommittee report on SB 1707 was laid out by Senator  
         Jackson.  Senator Staples was recognized to explain the  
         subcommittee report on SB 1707.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Staples moved that SB 1707 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  
         Staples  moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1707; without objection it was so ordered. 
          
         The subcommittee report on SB 1708 was laid out by Senator  
         Jackson.  Senator Staples was recognized to explain the  
         subcommittee report on SB 1708.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Staples moved that SB 1708 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  
  
         Staples  moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1708; without objection it was so ordered.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on SB 1708; without objection it was so ordered.  
          
         The subcommittee report on SB 1709 was laid out by Senator  
         Jackson.  Senator Staples was recognized to explain the  
         subcommittee report on SB 1709.  Senator Armbrister then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator Staples moved that SB 1709 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  
         Staples  moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on SB 1707; without objection it was so ordered. 
          
         The chair brought up from pending business SB 620.  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 Staples moved that SB 620 do not pass but  
         that CSSB 620 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 Staples moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSSB 620; without objection it was so ordered.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 620; without objection it was so ordered. 
          
         Senator Jackson moved to reconsider the vote by which CSSB 1428  
         passed.  There being no objection, CSSB 1428 was back before the  
         committee.  Senator Jackson moved adoption of the committee  
         substitute for SB 1428; without objection, it was so ordered.   
         Senator Jackson moved SB 1428 do not pass but the CSSB 1428 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 Madla requested unanimous consent to be shown voting aye  
         on CSSB 1428 ; without objection it was so ordered.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 1428; without objection it was so ordered. 
          
         The chair laid out SB 949 and recognized the author, Senator  
         Armbrister, to explain the bill.   
         Senator Jackson moved to reconsider the vote by which a previous  
         substitute had been adopted; without objection it was so  
         ordered.  Senator Jackson offered a new committee substitute and  
         was recognized 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 SB 949 do not pass but  
         that CSSB 949 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, 1 nay, 0 present not  
         voting, and 4 absent.   
          
         The chair laid out SB 1281 and recognized the author, Senator  
         Armbrister, 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.  Senator Jackson moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Jackson moved that SB 1281 do not pass but that CSSB 1281 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 Jackson resumed the chair.   
          
         Senator Jackson opened public testimony on SB 3. Senator  
         Armbrister moved SB 3 be left pending; without objection, it was  
         so ordered.  
          
         There was no action taken for the following bill(s):  
         SB 1514 
         SB 93 
         SB 564 
         SB 699 
         SB 878 
         SB 948 
         SB 1170 
         SB 1175 
         SB 1542 
         SB 1667 
          
         There being no further business, at 10:28 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