MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Thursday, April 14, 2005
1:30 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 Thursday, April 14, 2005, in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Frank Madla
Senator Mike Jackson
Senator Gonzalo Barrientos
Senator Robert Duncan
Senator Craig Estes
Senator Troy Fraser
Senator Juan Hinojosa
Senator Jon Lindsay
Senator Kel Seliger
Senator Todd Staples
*****
The chair called the meeting to order at 2:20 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 1354 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 sent up a committee
substitute; the chair recognized Senator Estes to explain the
difference between the committee substitute and the bill as
filed. Senator Estes moved that SB 1354 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Estes moved adoption of the
committee substitute. Senator Estes then moved that SB 1354 do
not pass but that CSSB 1354 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 requested unanimous consent to be shown voting
aye on CSSB 1354. There being no objection; the motion
prevailed.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 1354. There being no objection; the motion
prevailed.
The chair laid out SB 1726 and recognized Senator Barrientos, in
the absence of the author, 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 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. Upon the arrival of a quorum, Senator Barrientos moved
adoption of Committee Amendment 1; without objection, the
amendment was adopted. Senator Barrientos requested unanimous
consent to roll the amendments into a committee substitute;
without objection, it was so ordered. Senator Barrientos then
moved that the committee substitute be adopted; without
objection, it was so ordered. Senator Barrientos moved that SB
1726 do not pass but that CSSB 1726 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, 2
present not voting, and 0 absent.
Senator Jackson requested unanimous consent to be shown voting
aye on CSSB 1726. There being no objection; the motion
prevailed.
Senator Fraser requested unanimous consent to be shown voting
aye on CSSB 1726. There being no objection; the motion
prevailed.
The chair laid out SB 1674 and recognized the author, Senator
Barrientos, 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 moved that SB 1674 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Barrientos moved that SB 1674
do not pass but that CSSB 1674 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 Barrientos moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on CSSB 1674. There being no objection; the motion
prevailed.
The chair laid out SB 1603 and recognized the author, Senator
Estes, to explain the bill. There were no witnesses registered
on the bill. The chair moved that the public testimony be
closed; without objection, it was so ordered. Upon arrival of a
quorum, Senator Estes moved that SB 1603 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 HB 965 and recognized Senator Armbrister, in
the absence of the Senate sponsor, to explain the bill. There
was no public testimony on the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Upon arrival of a quorum, Senator Barrientos moved
that HB 965 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 01 absent. Senator Barrientos moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on HB 965. There being no objection; the motion prevailed.
The chair laid out SB 1045 and recognized Senator Lindsay, in
the absence of the author, to explain the bill. There was no
public testimony on the bill. Upon arrival of a quorum, Senator
Lindsay moved that SB 1045 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 01 absent. Senator Lindsay moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on CSSB 1045. There being no objection; the motion
prevailed.
The chair laid out HB 1657 and recognized Senator Seliger, in
the absence of the Senate sponsor, to explain the bill. There
was no public testimony on the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Upon arrival of a quorum, Senator Staples moved that
HB 1657 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 01 absent. Senator Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on HB 1657. There being no objection; the motion prevailed.
The chair laid out SB 1831 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 Hinojosa moved that SB
1831 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 Hinojosa moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on SB 1831. There being no objection; the motion prevailed.
Senator Fraser requested unanimous consent to be shown voting
aye on SB 1831. There being no objection; the motion prevailed.
The chair laid out SB 444 and recognized the author, Senator
Staples, 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 Staples moved that SB 444
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 Jackson requested unanimous consent to be shown voting
aye on SB 444. There being no objection; the motion prevailed.
The chair laid out SB 1740 and recognized the author, Senator
Staples, 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 Staples moved that SB
1740 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 Jackson requested unanimous consent to be shown voting
aye on SB 1740. There being no objection; the motion prevailed.
Senator Jackson assumed the chair
The chair laid out SB 1165 and recognized the author, Senator
Armbrister, 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
Armbrister moved that SB 1165 be left pending; without
objection, it was so ordered.
Senator Armbrister resumed the Chair
The chair laid out SB 785 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 Fraser sent up a committee
substitute; the chair recognized Senator Fraser to explain the
difference between the committee substitute and the bill as
filed. The Chair moved SB 785 be left pending awaiting the
arrival of a quorum; without objection, it was so ordered. Upon
the arrival of a quorum, Senator Fraser moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Fraser moved that SB 785 do not pass but that CSSB 785
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
Fraser moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on CSSB 785. There being no objection; the motion
prevailed.
Senator Fraser assumed the chair
The chair laid out SJR 3 and recognized the author, Senator
Armbrister, to explain the bill.
There was no public testimony on the bill. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Armbrister moved that SJR 3 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Armbrister moved that SJR 3 be
reported favorably 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.
The chair laid out SB 3 and recognized Senator Armbrister
Chairman Armbrister announced his intention to lay out several
amendments to SB 3 and to allow time for review by members and
staff and a vote on Tuesday, April 19th.
SB 3 was temporarily placed on the table and the committee stood
at ease for approximately 15 minutes.
The committee was called back to order.
Senator Armbrister assumed the chair.
The chair laid out as a matter of pending business, SB 93.
Senator Staples moved adoption of the committee substitute
previously laid out; without objection, it was so ordered.
Senator
Staples moved that SB 93 do not pass but that CSSB 93 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
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Jackson requested unanimous consent to be shown voting
aye on CSSB 93. There being no objection; the motion prevailed.
Senator Jackson assumed the chair.
The chair removed SB 3 from the table and SB 3 was again before
the full committee. Chairman Armbrister announced that there
would be a staff-only workshop on Friday, April 15, 2005, to
review proposed amendments to S.B. 3 and that amendment packets
would be provided to the general public in attendance at the end
of the meeting.
Chairman Armbrister reopened public testimony on S.B. 3.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Armbrister moved that SB 3 be left
pending; without objection, it was so ordered.
Senator Armbrister assumed the chair.
As a matter of pending business the Chair laid out SB 1667 and
recognized Senator Duncan. Senator Duncan requested SB 1667 be
left pending; without objection it was so ordered.
The chair laid out SB 1064 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. Senator
Staples moved that SB 1064 do not pass but that CSSB 1064 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 requested unanimous consent to be shown voting
aye on CSSB 1064. There being no objection; the motion
prevailed.
There being no further business, at 9:08 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