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MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Tuesday, April 21, 2009

8:00 a.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 21, 2009, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Craig Estes

Senator Bob Deuell

Senator Robert Duncan

Senator Troy Fraser

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Mike Jackson

Senator Kel Seliger

Senator Carlos Uresti

 

Senator Kip Averitt

Senator Kevin Eltife

 

*****

 

Senator Craig Estes, the acting chair, called the meeting to order at 8:00 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out SB 2519 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 2519 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2235 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 Estes moved that SB 2235 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2266 and recognized the author, Senator Gallegos, Jr., 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 2266 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2666 and recognized Senator Seliger, 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 Estes moved that HB 2666 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2529 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 2529 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2497 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 2497 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1204 and recognized the author, Senator Hinojosa, 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. 

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 1204 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2514 and recognized the author, Senator Hegar, 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. 

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 2514 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2463 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. 

 

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 2463 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2464 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

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

 

Senator Estes moved that SB 2464 be left pending; without objection, it was so ordered.

 

The chair laid out SB 2471 and recognized Senator Hegar, 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 Estes moved that SB 2471 be left pending; without objection, it was so ordered.   

 

The chair laid out SB 579 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. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

Senator Estes moved that SB 579 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2513 and recognized Senator Hegar, 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 Estes moved that SB 2513 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2006 and recognized the author, Senator Hegar, 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. 

 

Senator Estes moved that SB 2006 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2008 and recognized the author, Senator Hegar, 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 Estes moved that SB 2008 be left pending; without objection, it was so ordered.  

 

The chair laid out as a matter of pending business SB 2313 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 Estes moved that SB 2313 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2317 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 Estes moved that SB 2317 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2520 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

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

 

Senator Estes moved that SB 2520 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 2440 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 Estes moved that SB 2440 be left pending; without objection, it was so ordered. 

 

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

 

 

In a continuation of the morning's hearing, upon adjournment of the full Senate and pursuant to an announcement and suspension of Senate Rules 11.10 and 11.18, the committee met at Senator Estes' desk on the Senate floor.  Senator Estes, acting chair, called the meeting to order.  The following business was transacted.:

 

The chair laid out pending business SB 1714.

 

Senator Estes moved that SB 1714 be left pending; without objection, it was so ordered. 

 

The chair laid out pending business SB 2440.

 

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

 

Senator Estes moved that SB 2440 be left pending; without objection, it was so ordered. 

 

The chair laid out pending business SB 2006.

 

Senator Hegar moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Jackson moved that SB 2006 do not pass but that CSSB 2006 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 SB 2008.

 

Senator Hegar moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Jackson moved that SB 2008 do not pass but that CSSB 2008 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 SB 2236.

 

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

 

Senator Hinojosa moved that SB 2236 do not pass but that CSSB 2236 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 Hinojosa 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 SB 2313.

 

Senator Uresti moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Uresti moved that SB 2313 do not pass but that CSSB 2313 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 pending business SB 2317.

 

Senator Jackson moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Jackson moved that SB 2317 do not pass but that CSSB 2317 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 SB 1204.

 

Senator Hegar moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Hinojosa moved that SB 1204 do not pass but that CSSB 1204 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 Fraser 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 SB 2463.

 

Senator Jackson moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Jackson moved that SB 2463 do not pass but that CSSB 2463 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 SB 2514.

 

Senator Uresti moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. 

 

Senator Uresti moved that SB 2514 do not pass but that CSSB 2514 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 pending business SB 275.

 

Senator Estes 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 that was adopted at a previous hearing; without objection, it was so ordered.  Senator Jackson then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Jackson moved that SB 275 do not pass but that CSSB 275 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 SB 1566.

 

Senator Jackson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Jackson moved that SB 1566, as amended, 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 SB 2529.

 

Senator Fraser sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Fraser moved that SB 2529, as amended, 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

In lieu of pending business SB 1135, the chair laid out HB 2387.

 

Senator Jackson moved that HB 2387 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. 

 

In lieu of pending business SB 1136, the chair laid out HB 2074.

 

Senator Jackson moved that HB 2387 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. 

 

The chair laid out pending business HB 2666.

 

Senator Fraser moved that HB 2666 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 Fraser 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 SB 2266.

 

Senator Hinojosa moved that SB 2266 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 Hinojosa 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 SB 2464.

 

Senator Hinojosa moved that SB 2464 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 Hinojosa 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 SB 2471.

 

Senator Fraser moved that SB 2471 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 Fraser 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 SB 2497.

 

Senator Fraser moved that SB 2497 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 Fraser 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 SB 2513.

 

Senator Fraser moved that SB 2513 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 Fraser 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 SB 2519.

 

Senator Deuell moved that SB 2519 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.  

 

The chair laid out pending business SB 2520.

 

Senator Fraser moved that SB 2520 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

There being no further business, Senator Estes 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