MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Tuesday, April 29, 2003
1:00 p.m.
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 29, 2003, in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Florence Shapiro
Senator Mike Jackson
Senator Gonzalo Barrientos
Senator Robert Duncan
Senator Craig Estes
Senator Troy Fraser
Senator Juan Hinojosa
Senator Jon Lindsay
Senator Eddie Lucio, Jr.
Senator Todd Staples
*****
The chair called the meeting to order at 6:10 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 1899 and recognized the author, Senator
Staples, to explain the bill. Senator Staples sent up a
committee substitute; the chair recognized Senator Staples to
explain the difference between the committee substitute and the
bill as filed. Senator Staples 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 Staples moved
that SB 1899 do not pass but that CSSB 1899 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 Staples moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senators Barrientos, Fraser, Lindsay and Lucio requested
unanimous consent to be shown voting aye on CSSB 1899; without
objection, it was so ordered.
The chair laid out HB 1150 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Staples sent up
a committee substitute; the chair recognized Senator Wentworth
to explain the difference between the committee substitute and
the bill as filed. Senator Staples sent up Committee Amendment
1 and moved adoption; without objection, the amendment was
adopted. Senator Staples requested unanimous consent to
incorporate the amendment into the committee substitute; without
objection, it was so ordered. Senator Staples then moved that
the new committee substitute be adopted; 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 Staples moved that HB 1150 do not pass but that CSHB
1150 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 Staples moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senators Barrientos, Fraser, Lindsay and Lucio requested
unanimous consent to be shown voting aye on CSHB 1150; without
objection, it was so ordered
The chair laid out SB 1481 and recognized Senator Estes, in the
absence of the author, to explain the bill. There were no
witnesses on the bill. Senator Estes moved that SB 1481 be
reported favorably 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.
Senators Barrientos, Fraser, Lindsay, and Lucio requested
unanimous consent to be shown voting aye on SB 1481; without
objection, it was so ordered.
The chair laid out SB 1451 and recognized Senator Duncan, in the
absence of the author, to explain the bill. There were no
witnesses on the bill. Senator Duncan moved that SB 1451 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
Duncan moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senators Fraser, Lindsay and Lucio requested unanimous consent
to be shown voting aye on SB 1451; without objection, it was so
ordered.
At 6:30 p.m. Senator Estes assumed the chair.
The chair laid out SB 24 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.
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
Armbrister moved that SB 24 do not pass but that CSSB 24 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
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
At 7:05 p.m. Senator Jackson assumed the chair.
Senators Barrientos, Fraser, Lindsay, and Lucio requested
unanimous consent to be shown voting aye on CSSB 24; without
objection, it was so ordered.
At 7:10 p.m. Senator Armbrister resumed the chair.
The chair laid out HB 2382 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. There were no witnesses
on the bill. Senator Hinojosa moved that HB 2382 be reported
favorably 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
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senators Barrientos, Fraser, Lindsay, and Lucio requested
unanimous consent to be shown voting aye on HB 2382; without
objection, it was so ordered.
The chair laid out SB 970 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
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 Duncan moved that
SB 970 do not pass but that CSSB 970 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.
Senators Barrientos, Lindsay, and Lucio requested unanimous
consent to be shown voting aye on CSSB 970; without objection,
it was so ordered.
The chair laid out SB 1570 and recognized Senator Hinojosa, in
the absence of the author, to explain the bill. Senator
Hinojosa sent up a committee substitute; the chair recognized
Senator Hinojosa to explain the difference between the committee
substitute and the bill as filed. Senator Hinojosa 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 Hinojosa moved that SB 1570 do not pass but that CSSB
1570 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 Hinojosa moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senators Barrientos, Fraser, Lindsay, and Lucio requested
unanimous consent to be shown voting aye on CSSB 1570; without
objection, it was so ordered.
The chair laid out SB 1494 and recognized Senator Hinojosa, in
the absence of the author, to explain the bill. Senator
Hinojosa sent up a committee substitute; the chair recognized
Senator Hinojosa to explain the difference between the committee
substitute and the bill as filed. Senator Hinojosa 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 Hinojosa moved that SB 1494 do not pass but that CSSB
1494 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 Hinojosa moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senators Barrientos, Fraser, Lindsay and Lucio requested
unanimous consent to be shown voting aye on CSSB 1494; without
objection, it was so ordered.
The chair laid out SB 767 and recognized the author, Senator
Jackson, to explain the bill. 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 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
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. Witnesses
testifying and registering on the bill are shown on the attached
SENATE COMMITTEE ON NATURAL RESOURCES
Minutes
Tuesday, April 29, 2003
page 5
list. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Jackson moved
that SB 767 do not pass but that CSSB 767 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 Jackson moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senators Barrientos, Fraser, Lindsay, and Lucio requested
unanimous consent to be shown voting aye on CSSB 767; without
objection, it was so ordered.
At 7:30 p.m. Senator Jackson assumed the chair.
The chair laid out HB 2021 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Senator Armbrister
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Armbrister
requested unanimous consent to roll the amendments into a
committee substitute; without objection, it was so ordered.
Senator Armbrister then moved that the committee substitute be
adopted; 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 Armbrister moved
that HB 2021 do not pass but that CSHB 2021 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 Armbrister
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senators Barraientos, Fraser, Lindsay, and Lucio requested
unanimous consent to be shown voting aye on CSHB 2021; without
objection, it was so ordered.
At 7:40 p.m. Senator Armbrister resumed the chair.
The chair laid out HB 1567 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. Senator Staples moved to
limit the testimony on HB 1567 to two minutes each; without
objection, it was so ordered. Senator Jackson sent up a
committee substitute; the chair recognized Senator Bivins 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. 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 Duncan moved that
HB 1567 do not pass but that CSHB 1567 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 7 ayes, 2 nays, 0
present not voting, and 2 absent.
Senator Lindsay requested unanimous consent to be shown voting
SENATE COMMITTEE ON NATURAL RESOURCES
Minutes
Tuesday, April 29, 2003
page 6
aye on CSHB 1567; without objection, it was so ordered. Senator
Barrientos requested unanimous consent to be shown voting nay on
CSHB 1567; without objection, it was so ordered.
At 8:10 p.m. Senator Staples assumed the chair.
The chair brought up SB 1254 from pending business. 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 1254 do not
pass but that CSSB 1254 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 Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 8:15 p.m. Senator Armbrister resumed the chair.
There being no further business, at 8:15 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