MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                              Tuesday, April 21, 2005 
                           1:35 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 21, 2005, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              None 
         Senator Mike Jackson 
         Senator Gonzalo Barrientos 
         Senator Robert Duncan 
         Senator Craig Estes 
         Senator Troy Fraser 
         Senator Juan Hinojosa 
         Senator Jon Lindsay 
         Senator Frank Madla 
         Senator Kel Seliger 
         Senator Todd Staples 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:17 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Lindsay assumed the chair. 
          
         The chair laid out SB 1665 and recognized Senator Eltife to  
         explain the bill.  Senator Seliger sent up a committee  
         substitute; the chair recognized Senator Eltife 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.  The  
         chair then moved that SB 1665 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Seliger moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator Seliger moved  
         that SB 1665 do not pass but that CSSB 1665 be reported to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 11 ayes, 0 nay, 0  
         present not voting, and 0 absent.  Senator Seliger moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
  
         Senator Duncan requested unanimous consent to be shown voting  
         aye on CSSB 1665; without objection, it was so ordered.  
          
         Senator Estes requested unanimous consent to be shown voting aye  
         on CSSB 1665; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1665; without objection, it was so ordered.  
          
         The chair announced that the 24 hour posting rule had been  
         suspended on the senate floor earlier in the day so the  
         committee could consider SB 1870 by Senator Seliger.  
          
         The chair laid out SB 1870 and recognized the author, Senator  
         Seliger to explain the bill.  There were no witness registered  
         on the bill.  The chair moved public testimony be closed;  
         without objection, it was so ordered.  The chair moved to leave  
         the bill pending to await a quorum; without objection it was so  
         ordered.  Upon arrival of a quorum, Senator Seliger moved that  
         SB 1870 be reported back favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 11 ayes, 0 nay, 0 present not  
         voting and 0 absent.  Senator Seliger moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.  
          
         Senator Duncan requested unanimous consent to be shown voting  
         aye on SB 1870; without objection, it was so ordered.  
          
         Senator Estes requested unanimous consent to be shown voting aye  
         on SB 1870; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on SB 1870; without objection, it was so ordered. 
          
         The chair laid out SB 1225 and recognized the author, Senator  
         Barrientos to explain the bill.  Witness testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved public testimony be closed; without objection, it  
         was so ordered.  The chair moved to leave the bill pending to  
         await a quorum; without objection it was so ordered.  Upon  
         arrival of a quorum, Senator Barrientos moved that SB 1225 be  
         reported back 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, 1 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 Duncan requested unanimous consent to be shown voting  
         aye on SB 1225; without objection, it was so ordered.  
          
         Senator Estes requested unanimous consent to be shown voting aye  
         on SB 1225; without objection, it was so ordered.  
  
         The chair laid out SB 1794 and recognized, in the absence of the  
         author,  Senator Seliger,  to explain the bill.  Senator  
         Barrientos sent up a committee substitute; the chair recognized  
         Senator Seliger to explain the difference between the committee  
         substitute and the bill as filed.  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.  The chair then moved that SB 1794 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Barrientos moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Barrientos moved that SB 1794 do not pass but that CSSB  
         1794 be reported back  to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 11 ayes, 0 nay, 0 present not voting, and 0  
         absent.  Senator Jackson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Duncan requested unanimous consent to be shown voting  
         aye on CSSB 1794; without objection, it was so ordered.  
          
         Senator Estes requested unanimous consent to be shown voting aye  
         on CSSB 1794; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1794; without objection, it was so ordered. 
          
         Senator Armbrister resumed the chair.  
          
         The chair laid out SB 1797 and recognized in the absence of the  
         author, Senator Seliger, to explain the bill.  There were no  
         witnesses registering on the bill.  The chair moved that public  
         testimony be closed; without objection, it was so ordered.  The  
         chair moved that SB 1797 be left pending; without objection, it  
         was so ordered.  
          
         Senator Lindsay assumed the chair. 
          
         The chair laid out SB 1798 and recognized, in the absence of the  
         author,  Senator Seliger,  to explain the bill.  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.  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.  The chair then moved that SB 1798  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Seliger moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Jackson moved that SB 1798 do not pass but  
         that CSSB 1798 be reported back  to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 11 ayes, 0 nay, 0 present not  
  
         voting, and 0 absent.   
          
         Senator Duncan requested unanimous consent to be shown voting  
         aye on CSSB 1798; without objection, it was so ordered.  
          
         Senator Estes requested unanimous consent to be shown voting aye  
         on CSSB 1798; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1798; without objection, it was so ordered. 
          
         Senator Estes assumed the chair. 
          
         The chair laid out SB 1166 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.  The chair moved that SB  
         1166 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  
         948.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 948 do not  
         pass but that CSSB 948 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 Duncan requested unanimous consent to be shown voting  
         aye on CSSB 948; without objection, it was so ordered.  
          
         Senator Estes requested unanimous consent to be shown voting aye  
         on CSSB 948; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 948; without objection, it was so ordered. 
          
         The chair laid out SB 1165.  Senator Jackson sent up a committee  
         substitute; the chair recognized Senator Armbrister 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 1165 do not pass but that CSSB 1165 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of  
         11 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator  
         Jackson moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
  
         Senator Duncan requested unanimous consent to be shown voting  
         aye on CSSB 1165; without objection, it was so ordered.  
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 1165; without objection, it was so ordered.  
          
         Senator Fraser requested unanimous consent to be shown voting  
         aye on CSSB 1165; without objection, it was so ordered. 
            
         Senator Jackson moved to reconsider the vote by which the  
         committee passed out CSSB 1726; without objection, it was so  
         ordered.  Senator Jackson moved to leave the bill pending;  
         without objection, it was so ordered. 
          
         The chair announced that the committee would stand at ease for  
         approximately 1 hour. 
          
         Senator Armbrister called the committee back to order and  
         Senator Jackson assumed the chair and recognized Senator  
         Armbrister on SB3. 
          
         Senator Armbrister announced that there were additional  
         amendments and a pre-existing Committee Amendment 63 to be  
         heard.  
          
         The chair laid out Committee Amendment 63 and recognized Senator  
         Armbrister.  Senator Armbrister withdrew the amendment.  
          
         Senator Armbrister moved to reconsider the votes by which the  
         following amendments were adopted.   
          
         The chair recalled Committee amendment 13.  Senator Armbrister  
         moved that Committee amendment 13 be withdrawn; without  
         objection, it was so ordered. 
          
         The chair recalled Committee amendment 18.  Senator Armbrister  
         moved that Committee amendment 18 be withdrawn; without  
         objection, it was so ordered.  
          
         The chair recalled Committee amendment 79.  Senator Armbrister  
         moved that Committee amendment 79 be withdrawn; without  
         objection, it was so ordered.  
          
         The chair laid out Committee amendment 91 and recognized Senator  
         Armbrister to explain the amendment.  Committee amendment 91 was  
         withdrawn. 
          
         Senator Armbrister sent up Committee amendment  93 and was  
         recognized to explain the amendment.  Senator Armbrister  
         withdrew Committee amendment 93.   
          
         Senator Staples sent up Committee amendment 94 and was  
         recognized to explain the amendment.   Senator Staples moved  
         adoption of Committee amendment 94; without objection, it was so  
  
         ordered.  
          
         The chair laid out Committee amendment 90 and recognized Senator  
         Armbrister.  Senator Armbrister moved to withdraw Committee  
         amendment 90; without objection, it was so ordered.  
          
         The chair laid out Committee amendment 92 and recognized Senator  
         Armbrister.  Senator Armbrister moved to withdraw Committee  
         amendment 92; without objection, it was so ordered.  
          
         Senator Armbrister offered Committee amendment 95 and recognized  
         Senator Armbrister.  Senator Armbrister moved adoption of  
         Committee amendment 95; without objection, it was so ordered.   
          
         The chair recognized Senator Fraser for a motion.  Senator  
         Fraser moved to adopt Committee amendment 13 which had been  
         previously withdrawn; without objection Committee amendment 13  
         was adopted.  
          
         Senator Fraser then moved to adopt Committee amendment 18 which  
         had been previously withdrawn; without objection Committee  
         amendment 18 was adopted.   
          
         The Chair recognized Senator Lindsay.  Senator Lindsay sent up  
         an amendment to Committee amendment 78.   
          
         Senator Lindsay moved to reopen public testimony on this  
         amendment only.  Witness testifying on this amendment are shown  
         on the attached list. Senator Lindsay moved that public  
         testimony be closed.  Senator Lindsay withdrew the amendment to  
         Committee amendment 78.   
          
         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 3 do not pass but  
         that CSSB 3 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 11 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         Senator Barrientos requested unanimous consent to be shown  
         voting aye on CSSB 3; without objection, it was so ordered.   
          
         There was no action taken for the following bill(s):  
          
         SB 1366 
         SB 1169. 
          
         Senator Armbrister resumed the chair.   
          
         There being no further business, at 8:20 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