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MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Tuesday, April 14, 2009

1:30 p.m. or upon adjournment

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 Tuesday, April 14, 2009, 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 Robert Duncan

Senator Kevin Eltife

Senator Troy Fraser

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Mike Jackson

Senator Kel Seliger

Senator Carlos Uresti

 

Senator Bob Deuell

 

 

*****

 

The chair called the meeting to order at 1:32 p.m.  There being a quorum present, the following business was transacted: 

 

Senator Hinojosa assumed the chair. 

 

The chair laid out SB 213 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 Averitt resumed the chair. 

 

Senator Averitt moved that SB 213 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1405 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 Averitt moved that SB 1405 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1406 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 Averitt moved that SB 1406 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1566 and recognized the author, Senator Shapleigh, to explain the bill. 

 

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

 

Senator Averitt moved that SB 1566 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 171 and recognized Senator Estes, 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 Averitt moved that SB 171 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2380 and recognized Senator Estes, 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 Averitt moved that SB 2380 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2170 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 Averitt moved that SB 2170 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2236 and recognized the author, Senator Seliger, to explain the bill. 

 

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

 

Senator Averitt moved that SB 2236 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 761 and recognized the author, Senator Watson, to explain the bill. 

 

Senator Estes sent up a committee substitute; the chair recognized Senator Watson 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. 

 

Senator Averitt moved that SB 761 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 726.

 

Senator Eltife moved that SB 726 do not pass but that CSSB 726, adopted at a previous hearing, 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1246.

 

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

 

Senator Jackson moved that SB 1246 do not pass but that CSSB 1246 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. 

 

The chair laid out as a matter of pending business SB 1387.

 

Senator Seliger moved that SB 1387 do not pass but that CSSB 1387, adopted at a previous hearing, 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. 

 

The chair laid out as a matter of pending business SB 1659.

 

Senator Averitt moved adoption of the committee substitute laid out at a previous hearing; without objection, it was so ordered. 

 

Senator Averitt moved that SB 1659 do not pass but that CSSB 1659 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1757.

 

Senator Uresti moved adoption of the committee substitute laid out at a previous hearing; without objection, it was so ordered. 

 

Senator Uresti moved that SB 1757 do not pass but that CSSB 1757 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 Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1823.

 

Senator Seliger moved that SB 1823 do not pass but that CSSB 1823, adopted at a previous hearing, 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. 

 

The chair laid out as a matter of pending business SB 1828.

Senator Averitt moved adoption of the committee substitute laid out at a previous hearing; without objection, it was so ordered. 

 

Senator Averitt moved that SB 1828 do not pass but that CSSB 1828 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2051.

 

Senator Averitt moved that SB 2051 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2111.

 

Senator Averitt moved adoption of the committee substitute laid out at a previous hearing; without objection, it was so ordered. 

 

Senator Averitt moved that SB 2111 do not pass but that CSSB 2111 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 as a matter of pending business SB 2296.

 

Senator Duncan moved adoption of the committee substitute laid out at a previous hearing; without objection, it was so ordered. 

 

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

 

Senator Duncan requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Duncan moved that SB 2296 do not pass but that CSSB 2296 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2311. 

 

Senator Averitt moved that SB 2311 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2312.

 

Senator Averitt moved that SB 2312 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2314.

 

Senator Averitt moved that SB 2314 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2315.

 

Senator Averitt moved that SB 2315 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2318.

 

Senator Averitt moved that SB 2318 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 as a matter of pending business SB 2319.

 

Senator Averitt moved that SB 2319 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2321.

 

Senator Averitt moved that SB 2321 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 as a matter of pending business SB 2456.

 

Senator Uresti moved that SB 2456 do not pass but that CSSB 2456, adopted at a previous hearing, 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 Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SJR 50 and recognized the author, Senator Averitt, to explain the bill. 

 

Senator Averitt moved that SJR 50 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 as a matter of pending business SB 1378.

 

Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan 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 1378 do not pass but that CSSB 1378 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. 

 

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. 

 

 

 

 

 

_____________________________

Senator Kip Averitt, Chair

 

 

_____________________________

Teddy Carter, Clerk