MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Thursday, April 19, 2007

8:00 p.m.

Capitol Extension, Room E1.012

 

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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 19, 2007, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Kip Averitt

Senator Craig Estes

Senator Kim Brimer

Senator Bob Deuell

Senator Robert Duncan

Senator Kevin Eltife

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Mike Jackson

Senator Kel Seliger

Senator Carlos Uresti

 

None

 

*****

 

The chair called the meeting to order at 8:05 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out SB 1589 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 senate 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 Averitt moved that SB 1589 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1895 and recognized the author, Senator Uresti, 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 Averitt moved that SB 1895 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2019 and recognized the author, Senator Uresti, 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 Averitt moved that SB 2019 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2017 and recognized the author, Senator Uresti, 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 Averitt moved that SB 2017 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1531 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 Averitt moved that SB 1531 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1950 and recognized the author, Senator Duncan, to explain the bill. 

 

Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Averitt moved that SB 1950 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 797 and recognized Senator Estes, 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 Averitt moved that SB 797 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1071 and recognized Senator Estes, 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 Averitt moved that SB 1071 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1797 and recognized Senator Estes, in the absence of the author, to explain the bill. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Averitt moved that SB 1797 be left pending; without objection, it was so ordered. 

 

Senator Eltife assumed the chair. 

 

The chair laid out SB 1836 and recognized Senator Estes, in the absence of the author, to explain the bill. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Eltife moved that SB 1836 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 181 and recognized Senator Estes, in the absence of the author, to explain the bill. 

 

Senator Seliger sent up a committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the senate 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 Eltife moved that SB 181 be left pending; without objection, it was so ordered. 

 

Senator Estes assumed the chair. 

 

The chair laid out SB 2000 and recognized the author, Senator Eltife, 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 2000 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1971 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 Estes moved that SB 1971 be left pending; without objection, it was so ordered. 

 

The chair laid out pending business SB 1574 and recognized the author, Senator Duncan, to explain the bill. 

 

Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Averitt resumed the chair. 

 

Senator Duncan moved that SB 1574 do not pass but that CSSB 1574 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. 

 

The chair laid out pending business SB 404. 

 

Senator Estes moved that SB 404 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 pending business SB 574 and recognized the author, Senator Brimer, to explain the bill.  Senator Brimer moved that, in lieu of the Senate bill, the identical House companion, HB 1308 by Flores, 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 661. 

 

Senator Eltife sent up a committee substitute; the chair had recognized Senator Wentworth at a previous hearing to explain the difference between the committee substitute and the senate bill as filed.  Senator Eltife moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Eltife moved that SB 661 do not pass but that CSSB 661 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1691. 

 

Senator Duncan sent up a committee substitute; the chair had recognized Senator Duncan at a previous committee hearing to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Duncan moved that SB 1691 do not pass but that CSSB 1691 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1762. 

 

Senator Averitt sent up a committee substitute; the chair recognized had Senator Shapleigh at a previous committee hearing to explain the difference between the committee substitute and the senate bill as filed.  Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Brimer moved that SB 1762 do not pass but that CSSB 1762 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1829. 

 

Senator Jackson sent up a committee substitute; the chair had recognized Senator Jackson at a previous hearing to explain the difference between the committee substitute and the senate bill as filed.  Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Duncan moved that SB 1829 do not pass but that CSSB 1829 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1881. 

 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate bill as filed.  Senator

Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Uresti moved that SB 1881 do not pass but that CSSB 1881 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 Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1924. 

 

Senator Uresti moved that SB 1924 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. 

 

The chair laid out pending business SB 1953. 

 

Senator Seliger moved that SB 1953 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1981. 

 

Senator Eltife moved that SB 1981 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out pending business SB 1983 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 senate bill as filed.  Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Estes moved that SB 1983 do not pass but that CSSB 1983 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 Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The subcommittee report on SB 689 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on SB 689.  Senator Averitt then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Estes moved that SB 689 do not pass but that CSSB 689 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. 

 

The subcommittee report on SB 827 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on SB 827.  Senator Averitt then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Estes moved that SB 827 do not pass but that CSSB 827 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. 

 

The chair laid out SB 1336 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 senate bill as filed.  Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Estes moved that SB 1336 do not pass but that CSSB 1336 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. 

 

The subcommittee report on SB 1561 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on SB 1561.  Senator Averitt then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Estes moved that SB 1561 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. 

 

The subcommittee report on SB 1714 was laid out by Senator Seliger.  Senator Estes was recognized to explain the subcommittee report on SB 1714.  Senator Averitt then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Estes moved that SB 1714 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SJR 44 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 senate bill as filed.  Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Estes moved that SJR 44 do not pass but that CSSJR 44 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. 

 

The chair laid out SB 1177 and recognized the author, Senator Brimer, to explain the bill. 

 

Senator Brimer sent up a committee substitute; the chair recognized Senator Brimer to explain the difference between the committee substitute and the senate bill as filed.  Senator Brimer moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Brimer moved that SB 1177 do not pass but that CSSB 1177 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 997 and recognized the author, Senator Watson, to explain the bill.  A committee substitute had been offered at a previous committee hearing, but had not been adopted.

 

Senator Jackson 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 Jackson then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Jackson moved that SB 997 do not pass but that CSSB 997 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 Averitt moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. 

 

At 4:38 p.m. the committee reconvened. 

 

The chair laid out SB 1958 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 Averitt moved that SB 1958 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1916 and recognized the author, Senator Shapleigh, to explain the bill.

 

Senator Shapleigh explained a committee substitute.  The substitute was not sent up or adopted.

 

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 Averitt moved that SB 1916 be left pending; without objection, it was so ordered. 

 

There was no action taken for the following bill(s):

 

SB 1771 by Watson

SB 1800 by Watson

 

There being no further business, Senator Averitt moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Kip Averitt, Chair

 

 

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Teddy Carter, Clerk