MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Thursday, April 28, 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 Thursday, April 28, 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 Todd Staples
Senator Gonzalo Barrientos
Senator Craig Estes
Senator Troy Fraser
Senator Juan Hinojosa
Senator Jon Lindsay
Senator Frank Madla
Senator Kel Seliger
*****
The chair called the meeting to order at 2:55 p.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 2949 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
Senator Estes assumed the chair.
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
HB 2949 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 2949 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 Hinojosa requested unanimous consent to be shown voting
aye HB 2949; without objection, it was so ordered.
The chair laid out SB 1810 and recognized Senator Lindsay, 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 Lindsay moved that SB
1810 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Madla moved
that SB 1810 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 Madla moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Hinojosa requested unanimous consent to be shown voting
aye SB 1810; without objection, it was so ordered.
The chair laid out SB 1811 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 Lindsay moved
that SB 1811 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Barrientos moved that SB 1811 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 moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Hinojosa requested unanimous consent to be shown voting
aye SB 1811; without objection, it was so ordered.
Senator Barrientos assumed the chair.
The chair laid out HB 2032 and recognized the Senate sponsor,
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 HB 2032
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Estes moved that HB
2032 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 Hinojosa requested unanimous consent to be shown voting
aye HB 2032; without objection, it was so ordered.
The chair laid out HB 3340 and recognized the Senate sponsor,
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 HB 3340 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Estes moved that HB 3340 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 Hinojosa requested unanimous consent to be shown voting
aye HB 3340; without objection, it was so ordered.
The chair laid out HB 2131 and recognized the Senate sponsor,
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
HB 2131 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Estes moved
that HB 2131 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 Hinojosa requested unanimous consent to be shown voting
aye HB 2131; without objection, it was so ordered.
The chair laid out SB 1876 and recognized Senator Lindsay, 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 Lindsay moved that SB
1876 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that SB 1876 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 Hinojosa requested unanimous consent to be shown voting
aye SB 1876; without objection, it was so ordered.
The chair laid out HB 942 and recognized Senator Estes, in the
absence of the Senate sponsor, 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
HB 942 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 942 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 Hinojosa requested unanimous consent to be shown voting
aye HB 942; without objection, it was so ordered
The chair laid out HB 943 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. Witnesses
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 HB 943
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Jackson moved that
HB 943 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 Hinojosa requested unanimous consent to be shown voting
aye HB 943; without objection, it was so ordered
The chair laid out HB 340 and recognized Senator Lindsay, in the
absence of the Senate sponsor, to explain the bill. Senator
Barrientos sent up a committee substitute; the chair recognized
Senator Lindsay 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. Senator Lindsay moved that HB 340 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 Jackson moved that HB 340 do not pass but that CSHB 340
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 Hinojosa requested unanimous consent to be shown voting
aye CSHB 340; without objection, it was so ordered.
The chair laid out HB 380 and recognized Senator Lindsay, in the
absence of the Senate sponsor, 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 Lindsay moved
that HB 380 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Jackson moved that HB 380 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 requested unanimous consent to be shown voting
aye HB 380; without objection, it was so ordered
The chair laid out HB 86 and recognized Senator Lindsay, in the
absence of the Senate sponsor, to explain the bill. Senator
Lindsay sent up a committee substitute; the chair recognized
Senator Lindsay to explain the difference between the committee
substitute and the bill as filed. Senator Lindsay offered
committee amendment 1. 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 Lindsay moved that HB 86 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, committee amendment was withdrawn without
objection. Senator Lindsay moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Lindsay moved that HB 86 do not pass but that CSHB 86 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, 1 nay, 0 present not voting, and 2 absent.
Senator Hinojosa requested unanimous consent to be shown voting
nay on HB 86; without objection, it was so ordered.
The chair laid out SB 1857 and recognized the author, Senator
Madla, to explain the bill.
Senator Madla sent up a committee substitute; the chair
recognized Senator Madla to explain the difference between the
committee substitute and the bill as filed. Senator Madla moved
adoption of the committee substitute; without objection, it was
so ordered.
Senator Armbrister resumed the chair.
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 Madla
moved that SB 1857 do not pass but that CSSB 1857 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, 1 present not voting, and 2 absent. Senator Madla moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Hinojosa requested unanimous consent to be shown voting
aye on CSSB 1857; without objection, it was so ordered.
Senator Estes assumed the chair.
The chair laid out SB 1858 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 Jackson
moved that SB 1858 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 assumed the chair.
The chair laid out SB 344 and recognized Senator Armbrister, in
the absence of the author, 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 Jackson moved that SB 344 do not pass but that
CSSB 344 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 Madla moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Armbrister resumed the chair.
The chair recognized Senator Seliger for a motion. Senator
Seliger moved to reconsider the vote by which SB 1451 had
passed; without objection it was so ordered. Senator Jackson
sent up a committee substitute; the chair recognized Senator
Jackson to explain the substitute. Senator Jackson moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Jackson moved that SB 1451 do not pass but
that CSSB 1451 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 Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Jackson assumed the chair.
The chair laid out SB 1166 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.
Senator Armbrister moved that SB 1166 do not pass but that CSSB
1166 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 Armbrister resumed the chair.
The chair laid out SB 1366 and recognized the author, Senator
Estes, to explain the bill. 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 Jackson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. Senator
Estes requested unanimous consent to incorporate amendments into
the committee substitute; without objection, it was so ordered.
Senator Estes then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Estes
moved that SB 1366 do not pass but that CSSB 1366 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.
There was no action taken for the following bill(s):
SB 1169
There being no further business, at 8:04 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