MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Thursday, May 10, 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, May 10, 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 Mike Jackson Senator Kel Seliger Senator Carlos Uresti		Senator Juan Hinojosa

 

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The chair called the meeting to order at 8:01 a.m.  There being a quorum present, the following business was transacted: 

 

Senator Deuell assumed the chair. 

 

The chair laid out HB 3732 and recognized the Senate sponsor, Senator Averitt, to explain the bill. 

 

Senator Averitt sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house bill as engrossed.  Senator Averitt 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 HB 3732 be left pending; without objection, it was so ordered. 

 

Senator Averitt resumed the chair. 

 

The chair laid out HB 1565 and recognized the Senate sponsor, Senator Uresti, to explain the bill. 

 

Senator Uresti sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house bill as engrossed. 

 

Senator Seliger assumed 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 Averitt resumed the chair. 

 

Senator Averitt moved that HB 1565 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3158 and recognized the Senate sponsor, Senator Williams, to explain the bill. 

 

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

 

Senator Averitt moved that HB 3158 be left pending; without objection, it was so ordered. 

 

Senator Averitt moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. 

 

Upon adjournment of the Senate, the committee reconvened. 

 

Senator Estes assumed the chair. 

 

The chair laid out HB 3273 and recognized the Senate sponsor, Senator Averitt, 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 HB 3273 be left pending; without objection, it was so ordered. 

 

Senator Averitt resumed the chair. 

 

The chair laid out SB 1043 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

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.  Senator Hegar 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 1043 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2056 and recognized Senator Estes, 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 2056 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2819 and recognized the Senate sponsor, Senator Jackson, to explain the bill.  Senator Jackson pulled down a previously offered committee substitute. 

 

Senator Jackson sent up a committee substitute; the chair recognized  to explain the difference between the committee substitute and the house bill as engrossed. 

 

Senator Averitt 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 Averitt moved that HB 2819 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1090 after suspending the 24-hour posting rule and recognized the Senate sponsor, Senator Jackson, to explain the bill. 

 

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

 

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

 

Senator Jackson requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Jackson then moved that the committee substitute be adopted; without objection, it was so ordered. 

 

Senator Averitt moved that HB 1090 be left pending; without objection, it was so ordered. 

 

The subcommittee report on HB 1009 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on HB 1009.  Senator Estes then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Estes moved that HB 1009 do not pass but that CSHB 1009 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 Estes moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The subcommittee report on HB 1631 was laid out by Senator Seliger.  Senator Estes was recognized to explain the subcommittee report on HB 1631.  Senator Estes then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Seliger moved that HB 1631 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 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 HB 2819.

 

Senator Jackson moved that HB 2819 do not pass but that CSHB 2819 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. 

 

The subcommittee report on HCR 67 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on HCR 67.  Senator Estes then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Seliger moved that HCR 67 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 subcommittee report on HJR 69 was laid out by Senator Estes.  Senator Estes was recognized to explain the subcommittee report on HJR 67.  Senator Averitt then moved adoption of the subcommittee report; there being no objection, it was so ordered. 

 

Senator Seliger moved that HJR 69 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 HB 604. 

 

Senator Seliger moved that HB 604 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, 1 present not voting, and 2 absent. 

 

The chair laid out pending business HB 713. 

 

Senator Seliger moved that HB 713 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 HB 1090.

 

Senator Jackson moved that HB 1090 do not pass but that CSHB 1090 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. 

 

The chair laid out pending business HB 2056. 

 

Senator Brimer moved that HB 2056 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 HB 2345.  A committee substitute had been adopted at a previous committee hearing. 

 

Senator Jackson moved that HB 2345 do not pass but that CSHB 2345 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. 

 

The chair laid out pending business HB 2518. 

 

Senator Estes moved that HB 2518 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 HB 2931. 

 

Senator Deuell moved that HB 2931 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 HB 3158.

 

Senator Uresti moved that HB 2056 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 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 HB 3634. 

 

Senator Hegar moved that HB 3634 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 Hegar 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 pending business HB 3732 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  A committee substitute had previously been adopted.  Senator Averitt moved to reconsider the vote by which the committee substitute had been adopted; without objection, it was so ordered. 

 

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

 

Senator Averitt requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Averitt then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Averitt moved that HB 3732 do not pass but that CSHB 3732 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 Averitt resumed the chair. 

 

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