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MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Tuesday, April 28, 2009

8:00 a.m.

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 28, 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 Bob Deuell

Senator Robert Duncan

Senator Kevin Eltife

Senator Troy Fraser

Senator Glenn Hegar

Senator Juan Hinojosa

Senator Mike Jackson

Senator Kel Seliger

Senator Carlos Uresti

 

None

 

*****

 

The 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 2534 and recognized the author, Senator Wentworth, to explain the bill. 

 

Senator Seliger sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.  Senator Seliger 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 Averitt sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Averitt requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Averitt then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Averitt moved that SB 2534 do not pass but that CSSB 2534 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 SB 2283 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

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

 

Senator Averitt moved that SB 2283 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1213 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. 

 

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

 

Senator Hinojosa moved that HB 1213 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 2402 and recognized the author, Senator Davis, to explain the bill. 

 

Senator Averitt sent up a committee substitute; the chair recognized Senator Davis to explain the difference between the committee substitute and the senate bill as filed.  Senator Averitt 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 assumed the chair. 

 

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 2402 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2486 and recognized the author, Senator Williams, to explain the bill. 

 

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

 

Senator Eltife moved that SB 2486 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 2509 and recognized the author, Senator Williams, to explain the bill. 

 

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

 

Senator Eltife moved that SB 2509 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 Eltife moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Estes assumed the chair. 

 

The chair laid out HB 1615 and recognized the Senate sponsor, Senator Averitt, to explain the bill. 

 

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

 

Senator Averitt moved that HB 1615 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. 

 

Senator Averitt resumed the chair. 

 

The chair laid out SB 2491 and recognized the author, Senator Uresti, 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 Uresti moved that SB 2491 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 Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1679 and recognized the author, Senator Hinojosa, 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 senate 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 Averitt moved that SB 1679 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1688 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 1688 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 2089 and recognized Senator Seliger, in the absence of the author, 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.  Senator Seliger 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 Seliger moved that SB 2089 do not pass but that CSSB 2089 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 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 1714.

 

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 Hegar moved that SB 1714 do not pass but that CSSB 1714 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 2170.

 

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

 

Senator Seliger moved that SB 2170 do not pass but that CSSB 2170 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 725.

 

Senator Estes sent up a committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the senate bill as filed.  Senator Estes moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Estes moved that SB 725 do not pass but that CSSB 725 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, 3 nays, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business SB 795.

 

Senator Fraser moved that SB 795 do not pass but that CSSB 795, 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, 1 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business SB 2440.

 

Senator Uresti moved to reconsider the vote by which a committee substitute had been previously adopted; without objection, the motion carried. 

 

Senator Uresti withdrew the previously adopted committee substitute.

 

Senator Uresti sent up a new committee substitute; the chair recognized Senator Uresti to explain the difference between the committee substitute and the senate bill as filed.  Senator Uresti moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Uresti moved that SB 2440 do not pass but that CSSB 2440 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 2489.

 

Senator Averitt moved that SB 2489 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. 

 

There was no action taken for the following bill(s):

 

SB 2530 by Wentworth

 

Senator Averitt moved that the committee stand recessed until subject to the call of the chair; without objection, it was so ordered. 

 

Following a motion by Senator Averitt to suspend the posting rule to allow the committee to meet at his desk upon adjournment of the Senate, the chair called the meeting back to order and the following business was conducted at Senator Averitt's desk.

 

The chair laid out SB 2534. 

 

Senator Averitt moved to reconsider the vote by which SB 2534 was reported from committee, without objection; it was so ordered.

 

Senator Averitt moved to reconsider the vote by which a committee substitute had been adopted, without objection; it was so ordered.

 

Senator Averitt moved to reconsider the vote by which a committee amendment had been rolled into a committee substitute to create a new committee substitute, without objection; it was so ordered.

 

Senator Averitt moved to reconsider the vote by which Committee Amendment 1 had been adopted, without objection; it was so ordered. Committee Amendment 1 was withdrawn.

 

Senator Averitt sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator Averitt requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Averitt then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Averitt moved that SB 2534 do not pass but that CSSB 2534 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. 

 

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. 

 

 

 

 

 

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Senator Kip Averitt, Chair

 

 

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Teddy Carter, Clerk