MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                              Thursday, April 14, 2005 
                                     1:30 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 Thursday, April 14, 2005, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Frank Madla 
         Senator Mike Jackson 
         Senator Gonzalo Barrientos 
         Senator Robert Duncan 
         Senator Craig Estes 
         Senator Troy Fraser 
         Senator Juan Hinojosa 
         Senator Jon Lindsay 
         Senator Kel Seliger 
         Senator Todd Staples 
                                           
                                       ***** 
         The chair called the meeting to order at 2:20 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1354 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 sent up a committee  
         substitute; the chair recognized Senator Estes to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Estes moved that SB 1354 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Estes moved adoption of the  
         committee substitute.  Senator Estes then moved that SB 1354 do  
         not pass but that CSSB 1354 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 requested unanimous consent to be shown voting  
         aye on CSSB 1354.  There being no objection; the motion  
         prevailed.  
          
         Senator Fraser requested unanimous consent to be shown voting  
  
         aye on CSSB 1354.  There being no objection; the motion  
         prevailed. 
          
         The chair laid out SB 1726 and recognized Senator Barrientos, in  
         the absence of the author, 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 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.   Upon the arrival of a quorum, Senator Barrientos moved  
         adoption of Committee Amendment 1; without objection, the  
         amendment was adopted.  Senator Barrientos requested unanimous  
         consent to roll the amendments into a committee substitute;  
         without objection, it was so ordered.  Senator Barrientos then  
         moved that the committee substitute be adopted; without  
         objection, it was so ordered.  Senator Barrientos moved that SB  
         1726 do not pass but that CSSB 1726 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, 2  
         present not voting, and 0 absent.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on CSSB 1726.  There being no objection; the motion  
         prevailed.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1726.  There being no objection; the motion  
         prevailed. 
          
         The chair laid out SB 1674 and recognized the author, Senator  
         Barrientos, 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 SB 1674 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Barrientos moved that SB 1674  
         do not pass but that CSSB 1674 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 Barrientos moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on CSSB 1674.  There being no objection; the motion  
         prevailed.  
          
         The chair laid out SB 1603 and recognized the author, Senator  
         Estes, to explain the bill.  There were no witnesses registered  
         on the bill.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Estes moved that SB 1603 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.   
          
         The chair laid out HB 965 and recognized Senator Armbrister, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         was no public testimony on the bill.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Barrientos moved  
         that HB 965 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 01 absent.  Senator Barrientos moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on HB 965.  There being no objection; the motion prevailed.  
          
         The chair laid out SB 1045 and recognized Senator Lindsay, in  
         the absence of the author, to explain the bill.  There was no  
         public testimony on the bill.  Upon arrival of a quorum, Senator  
         Lindsay moved that SB 1045 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 01 absent.  Senator Lindsay moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on CSSB 1045.  There being no objection; the motion  
         prevailed.  
          
         The chair laid out HB 1657 and recognized Senator Seliger, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         was no public testimony on the bill.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples moved that  
         HB 1657 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 01 absent.  Senator Jackson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
  
         Senator Jackson requested unanimous consent to be shown voting  
         aye on HB 1657.  There being no objection; the motion prevailed.  
          
         The chair laid out SB 1831 and recognized the author, Senator  
         Hinojosa, 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 Hinojosa moved that SB  
         1831 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 Hinojosa moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on SB 1831.  There being no objection; the motion prevailed.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on SB 1831.  There being no objection; the motion prevailed. 
          
         The chair laid out SB 444 and recognized the author, 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 moved that SB 444  
         be reported favorably 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 Jackson requested unanimous consent to be shown voting  
         aye on SB 444.  There being no objection; the motion prevailed.  
          
         The chair laid out SB 1740 and recognized the author, 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 moved that SB  
         1740 be reported favorably 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 Jackson requested unanimous consent to be shown voting  
         aye on SB 1740.  There being no objection; the motion prevailed.  
          
         Senator Jackson assumed the chair  
          
         The chair laid out SB 1165 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 1165 be left pending; without  
         objection, it was so ordered.   
          
         Senator Armbrister resumed the Chair  
          
         The chair laid out SB 785 and recognized the author, Senator  
         Fraser, 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 Fraser sent up a committee  
         substitute; the chair recognized Senator Fraser to explain the  
         difference between the committee substitute and the bill as  
         filed. The Chair moved SB 785 be left pending awaiting the  
         arrival of a quorum; without objection, it was so ordered.  Upon  
         the arrival of a quorum, Senator Fraser moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Fraser moved that SB 785 do not pass but that CSSB 785  
         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  
         Fraser moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.    
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on CSSB 785.  There being no objection; the motion  
         prevailed.  
          
         Senator Fraser assumed the chair 
          
         The chair laid out SJR 3 and recognized the author, Senator  
         Armbrister, to explain the bill.   
         There was no public testimony on the bill.  The chair moved that  
         the public testimony be closed; without objection, it was so  
         ordered.  Senator Armbrister moved that SJR 3 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Armbrister moved that SJR 3 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, 0 nay, 0 present not voting, and 4 absent.   
          
         The chair laid out SB 3 and recognized Senator Armbrister  
          
         Chairman Armbrister announced his intention to lay out several  
         amendments to SB 3 and to allow time for review by members and  
         staff and a vote on Tuesday, April 19th.   
          
         SB 3 was temporarily placed on the table and the committee stood  
         at ease for approximately 15 minutes.  
          
         The committee was called back to order. 
          
         Senator Armbrister assumed the chair. 
          
         The chair laid out as a matter of pending business, SB 93.   
         Senator Staples moved adoption of the committee substitute  
         previously laid out; without objection, it was so ordered.  
         Senator  
          
         Staples moved that SB 93 do not pass but that CSSB 93 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  
         Staples moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Jackson requested unanimous consent to be shown voting  
         aye on CSSB 93.  There being no objection; the motion prevailed.  
          
         Senator Jackson assumed the chair.  
          
         The chair removed SB 3 from the table and SB 3 was again before  
         the full committee. Chairman Armbrister announced that there  
         would be a staff-only workshop on Friday, April 15, 2005, to  
         review proposed amendments to S.B. 3 and that amendment packets  
         would be provided to the general public in attendance at the end  
         of the meeting.   
          
         Chairman Armbrister reopened public testimony on S.B. 3.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Senator Armbrister moved that SB 3 be left  
         pending; without objection, it was so ordered.   
          
         Senator Armbrister assumed the chair.  
          
         As a matter of pending business the Chair  laid out SB 1667 and  
         recognized Senator Duncan.  Senator Duncan requested SB 1667 be  
         left pending; without objection it was so ordered.  
          
         The chair laid out SB 1064 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.  Senator  
         Staples moved that SB 1064 do not pass but that CSSB 1064 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 requested unanimous consent to be shown voting  
         aye on CSSB 1064.  There being no objection; the motion  
         prevailed. 
          
         There being no further business, at 9:08 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