MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Thursday, April 26, 2007

8:00 a.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 26, 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

 

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The chair called the meeting to order at 8:04 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out HB 576 and recognized Senator Deuell, in the absence of the Senate sponsor, to explain the bill. 

 

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

 

Senator Averitt moved that HB 576 be left pending; without objection, it was so ordered. 

 

Senator Eltife assumed the chair. 

 

The chair laid out HB 1841 and recognized Senator Averitt, in the absence of the Senate sponsor, to explain the bill. 

 

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

 

Senator Eltife moved that HB 1841 be left pending; without objection, it was so ordered. 

 

The chair laid out pending business SB 1071 and recognized Senator Averitt, in the absence of the author, to explain the bill. 

 

Senator Averitt sent up a committee substitute; the chair recognized Senator Averitt 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 Eltife moved that SB 1071 be left pending; without objection, it was so ordered. 

 

Senator Estes assumed the chair. 

 

The chair laid out SB 1959 and recognized Senator Averitt, 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 Estes moved that SB 1959 be left pending; without objection, it was so ordered. 

 

Senator Averitt resumed the chair. 

 

The chair laid out pending business HB 407. 

 

Senator Seliger moved that HB 407 be reported 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. 

 

The chair laid out pending business SB 662. 

 

Senator Eltife moved that SB 662 be reported 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 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 771. 

 

Senator Eltife moved that SB 771 not be reported, but that the identical House companion bill, HB 1853 be reported favorably in lieu of SB 771 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 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 1173.  A committee substitute had been adopted at a previous committee hearing. 

 

Senator Seliger moved that SB 1173 do not pass but that CSSB 1173 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 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 1280. 

 

Senator Jackson sent up a committee substitute; the chair recognized Senator Van de Putte 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 Jackson moved that SB 1280 do not pass but that CSSB 1280 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. 

 

The chair laid out pending business SB 1281. 

 

Senator Estes sent up a committee substitute; the chair recognized Senator Van de Putte at a previous hearing 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 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 11 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

The chair laid out pending business SB 1282. 

 

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

 

Senator Deuell moved that SB 1282 do not pass but that CSSB 1282 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. 

 

The chair laid out pending business SB 1324.  A committee substitute had been adopted at a previous committee hearing. 

 

Senator Hegar moved that SB 1324 do not pass but that CSSB 1324 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. 

 

The chair laid out pending business SB 1836. 

 

Senator Jackson moved that SB 1836 be reported 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Estes assumed the chair. 

 

The chair laid out HB 3 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  A committee amendment had been adopted at a previous hearing. 

 

Senator Averitt requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Averitt then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Averitt moved that HB 3 do not pass but that CSHB 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 Averitt resumed the chair. 

 

The chair laid out SB 357 and recognized the author, Senator Jackson, 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 senate bill as filed. 

 

Senator Jackson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Jackson sent up Committee Amendment 2 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 357 do not pass but that CSSB 357 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 adoption of the committee substitute; without objection, it was so ordered. 

 

The chair laid out pending business SB 1589 and recognized the author, Senator Shapleigh, to explain the bill.  Senator Seliger moved to reconsider the vote by which a previous committee substitute had been adopted; without objection, it was so ordered. 

 

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

 

Senator Seliger moved that SB 1589 do not pass but that CSSB 1589 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 Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The subcommittee report on SB 1562 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on SB 1562.  Senator Averitt then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Estes moved that SB 1562 do not pass but that CSSB 1562 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. 

 

Senator Estes assumed the chair. 

 

The chair laid out SB 2029 and recognized the author, Senator Zaffirini, 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 2029 be left pending; without objection, it was so ordered. 

 

The chair laid out pending business SB 1341 and recognized the author, Senator Hegar, to explain the bill.  A committee substitute which had been offered at a previous hearing was withdrawn by Senator Hegar. 

 

Senator Hegar sent up a committee substitute; the chair recognized Senator Hegar 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. 

 

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