MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Tuesday, April 12, 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 Tuesday, April 12, 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 Juan Hinojosa
Senator Gonzalo Barrientos
Senator Craig Estes
Senator Troy Fraser
Senator Jon Lindsay
Senator Frank Madla
Senator Kel Seliger
Senator Todd Staples
*****
The chair called the meeting to order at 1:45 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 1634 and recognized the author, Senator
Seliger, 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 Seliger sent up a
committee substitute; the chair recognized Senator Seliger to
explain the difference between the committee substitute and the
bill as filed. Senator Seliger moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Seliger moved to reconsider the vote by which the substitute
passed; without objection, it was so ordered. Senator Seliger
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
Seliger then moved that the new committee substitute be adopted;
without objection, it was so ordered. Senator Seliger moved
that SB 1634 do not pass but that CSSB 1634 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 Seliger moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSSB 1634; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 1634; without objection it was so ordered.
The chair laid out SB 784 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 Jackson moved that SB 784
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 Barrientos requested unanimous consent to be shown
voting aye on SB 784; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 784; without objection it was so ordered.
The chair laid out SB 667 and recognized the author, Senator
Shapleigh, 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
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 Jackson moved that SB 667 be left pending; without
objection, it was so ordered.
The chair laid out SB 1032 and recognized Senator Barrientos, 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 Barrientos moved
that SB 1032 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Estes moved that SB 1032 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 requested unanimous consent to be shown
voting aye on SB 1032; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1032; without objection it was so ordered.
The chair laid out SB 1270 and recognized the author, Senator
Jackson, to explain the bill. There were no witness registered
for SB 1270. The chair moved that the public testimony be
closed; without objection, it was so ordered. Upon arrival of a
quorum, Senator Jackson moved that SB 1270 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 Barrientos requested unanimous consent to be shown
voting aye on SB 1270; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1270; without objection it was so ordered.
At 3:28pm the Chair moved the committee stand at ease.
At 3:45pm the Chair called the committee back to order.
The chair laid out SB 1169 and recognized Senator Jackson, 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 Barrientos sent
up a committee substitute; the chair recognized Senator
Barrientos to explain the difference between the committee
substitute and the bill as filed. Senator Barrientos sent up
Committee Amendment 1. Senator Jackson moved that SB 1169 be
left pending; without objection, it was so ordered.
The chair laid out HB 957 and recognized the Senate sponsor,
Senator Staples, 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 Staples moved that HB 957 be left pending;
without objection, it was so ordered.
The chair laid out HB 1139 and recognized the Senate sponsor,
Senator Staples, 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 Staples moved that HB 1139 be left pending;
without objection, it was so ordered.
The chair laid out SB 1602 and recognized the author, 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 SB 1602 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 Barrientos requested unanimous consent to be shown
voting aye on SB 1602; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1602; without objection it was so ordered.
The chair laid out SB 1407 and recognized the author, 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 SB 1407
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 Barrientos requested unanimous consent to be shown
voting aye on SB 1407; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1407; without objection it was so ordered.
The chair laid out SB 1710 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 1710 do not pass but
that CSSB 1710 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 Staples moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 1710; without objection it was so ordered.
The chair laid out SB 1063 and SB 1064 recognized the author,
Senator Staples, to explain both of the bills. Witnesses
testifying and registering on the bills are shown on the
attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Staples
sent up a committee substitute to SB 1063; 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. Senator Staples sent up a committee substitute to
SB 1064; the chair recognized Senator Staples to explain the
difference between the committee substitute and the bill as
filed.
Senator Staples moved that SB 1063 do not pass but that CSSB
1063 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 Staples moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSSB 1063; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 1063; without objection it was so ordered.
Senator Staples moved that SB 1064 be left pending; without
objection, it was so ordered.
Senator Staples assumed the chair.
The chair laid out SB 3 and recognized the author, Senator
Armbrister, to explain the bill. Senator Armbrister offered a
committee substitute for SB 3. Witnesses testifying and
registering on the bill are shown on the attached list. The
chair moved that the public testimony be left open; without
objection, it was so ordered.
Senator Jackson assumed the chair.
Senator Armbrister resumed the chair.
The subcommittee report on SB 1040 was laid out by Senator
Jackson. Senator Jackson was recognized to explain the
subcommittee report on SB 1040. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Jackson moved that SB 1040 do not
pass but that CSSB 1040 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 Barrientos requested unanimous consent to be shown
voting aye on CSSB 1040; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 1040; without objection it was so ordered.
The subcommittee report on SB 1192 was laid out by Senator
Jackson. Senator Estes was recognized to explain the
subcommittee report on SB 1192. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Jackson moved that SB 1192 do not
pass but that CSSB 1192 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.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSSB 1192; without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 1192; without objection it was so ordered.
The subcommittee report on SB 1271 was laid out by Senator
Jackson. Senator Jackson was recognized to explain the
subcommittee report on SB 1271. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Jackson moved that SB 1271 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 Barrientos requested unanimous consent to be shown
voting aye on SB 1271 without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1271; without objection it was so ordered.
The subcommittee report on SB 1273 was laid out by Senator
Jackson. Senator Jackson was recognized to explain the
subcommittee report on SB 1273. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Jackson moved that SB 1273 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 Barrientos requested unanimous consent to be shown
voting aye on SB 1273 without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1273; without objection it was so ordered.
The subcommittee report on SB 1680 was laid out by Senator
Jackson. Senator Jackson was recognized to explain the
subcommittee report on SB 1680. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Jackson moved that SB 1680 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 Barrientos requested unanimous consent to be shown
voting aye on SB 1680 without objection it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1680; without objection it was so ordered.
The subcommittee report on SB 1686 was laid out by Senator
Jackson. Senator Jackson was recognized to explain the
subcommittee report on SB 1686. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Estes moved that SB 1686 do not pass
but that CSSB 1686 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.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 1686; without objection it was so ordered.
The subcommittee report on SB 1707 was laid out by Senator
Jackson. Senator Staples was recognized to explain the
subcommittee report on SB 1707. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Staples moved that SB 1707 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
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1707; without objection it was so ordered.
The subcommittee report on SB 1708 was laid out by Senator
Jackson. Senator Staples was recognized to explain the
subcommittee report on SB 1708. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Staples moved that SB 1708 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
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1708; without objection it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on SB 1708; without objection it was so ordered.
The subcommittee report on SB 1709 was laid out by Senator
Jackson. Senator Staples was recognized to explain the
subcommittee report on SB 1709. Senator Armbrister then moved
adoption of the subcommittee report; there being no objection,
it was so ordered. Senator Staples moved that SB 1709 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
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Madla requested unanimous consent to be shown voting aye
on SB 1707; without objection it was so ordered.
The chair brought up from pending business SB 620. 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. Senator Staples moved that SB 620 do not pass but
that CSSB 620 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 Staples moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Madla requested unanimous consent to be shown voting aye
on CSSB 620; without objection it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSSB 620; without objection it was so ordered.
Senator Jackson moved to reconsider the vote by which CSSB 1428
passed. There being no objection, CSSB 1428 was back before the
committee. Senator Jackson moved adoption of the committee
substitute for SB 1428; without objection, it was so ordered.
Senator Jackson moved SB 1428 do not pass but the CSSB 1428 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 Madla requested unanimous consent to be shown voting aye
on CSSB 1428 ; without objection it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSSB 1428; without objection it was so ordered.
The chair laid out SB 949 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Jackson moved to reconsider the vote by which a previous
substitute had been adopted; without objection it was so
ordered. Senator Jackson offered a new committee substitute and
was recognized 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. Senator Jackson moved that SB 949 do not pass but
that CSSB 949 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 1 nay, 0 present not
voting, and 4 absent.
The chair laid out SB 1281 and recognized the author, Senator
Armbrister, 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
bill as filed. Senator Jackson moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Jackson 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 7
ayes, 0 nay, 0 present not voting, and 4 absent.
Senator Jackson resumed the chair.
Senator Jackson opened public testimony on SB 3. Senator
Armbrister moved SB 3 be left pending; without objection, it was
so ordered.
There was no action taken for the following bill(s):
SB 1514
SB 93
SB 564
SB 699
SB 878
SB 948
SB 1170
SB 1175
SB 1542
SB 1667
There being no further business, at 10:28 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