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MINUTES

 

SENATE COMMITTEE ON NATURAL RESOURCES

Thursday, May 7, 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 Thursday, May 7, 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 Glenn Hegar

Senator Kel Seliger

Senator Carlos Uresti

 

Senator Bob Deuell

Senator Troy Fraser

Senator Juan Hinojosa

Senator Mike Jackson

 

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The chair called the meeting to order at 8:04 a.m.  There being a quorum present, the following business was transacted: 

 

The chair laid out HB 4231 and recognized the Senate sponsor, Senator Eltife, 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 Eltife moved that HB 4231 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. 

 

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 HB 1445 and recognized the Senate sponsor, Senator Huffman, 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 Eltife moved that HB 1445 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. 

 

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 HB 1731 and recognized Senator Eltife, in the absence of the Senate sponsor, 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 Eltife moved that HB 1731 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. 

 

Senator Seliger assumed the chair. 

 

The chair laid out HB 3632 and recognized the Senate sponsor, Senator Averitt, to explain the bill. 

 

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

 

Senator Eltife 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. 

 

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

 

Senator Averitt moved that HB 3632 be left pending; without objection, it was so ordered. 

 

Senator Averitt resumed the chair. 

 

The chair laid out as a matter of pending business HB 1178. 

 

Senator Uresti moved that HB 1178 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. 

 

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 HB 1923.

 

Senator Duncan moved that HB 1923 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. 

 

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 HB 1947.

 

Senator Seliger moved that HB 1947 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. 

 

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 HB 3661.

 

Senator Uresti moved that HB 3661 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. 

 

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 HB 3765.

 

Senator Averitt moved that HB 3765 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. 

 

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 HB 4706.

 

Senator Uresti moved that HB 4706 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. 

 

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 1210.

 

Senator Duncan moved that SB 1210 be reported favorably 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 as a matter of pending business SB 1960.

 

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. 

 

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 1960 do not pass but that CSSB 1960 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. 

 

The chair laid out as a matter of pending business SB 2536.

 

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

 

Senator Eltife moved that SB 2536 do not pass but that CSSB 2536 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 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 2539.

 

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

 

Senator Estes moved that SB 2539 do not pass but that CSSB 2539 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 Estes 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 2540.

 

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

 

Senator Seliger moved that SB 2540 do not pass but that CSSB 2540 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 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 2402.

 

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. 

 

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

 

The chair laid out as a matter of pending business SB 2432.

 

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. 

 

Senator Averitt moved that SB 2432 be left pending; without objection, it was so ordered. 

 

 

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

HB 1433 by Averitt

 

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