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Page 1 1 Reporter's Record 2 Volume 1 of 1 3 Texas State Senate Committee on Jurisprudence 4 Regional Hearing In PAGE 1 1 REPORTER'S RECORD 2 VOLUME 1 OF 1 3 TEXAS STATE SENATE COMMITTEE ON JURISPRUDENCE 4 REGIONAL HEARING IN WACO, TEXAS 5 JULY 9TH AND 10TH, 2003 6 7 PANEL MEMBERS: 8 Senator Robert Duncan, Chairman 9 Senator Mario Gallegos, Jr., Vice Chairman 10 Senator Kip Averitt 11 Senator Chris Harris 12 Senator Royce West 13 14 ALSO PRESENT: 15 Senator Leticia Van de Putte 16 Dan Carroll, Translator 17 Professor David Guinn, Baylor School of Law 18 Professor Mike Morrison, Baylor School of Law 19 20 21 22 23 24 25 PAGE 2 1 REPORTER'S RECORD (Continued) 2 VOLUME 1 OF 1 3 TEXAS STATE SENATE COMMITTEE ON JURISPRUDENCE 4 REGIONAL HEARING IN WACO, TEXAS 5 JULY 9TH AND 10TH, 2003 6 7 BE IT REMEMBERED that on the 9th day of 8 July, 2003, between the hours of 1:00 p.m. and 9 11:59 p.m., and continuing on the 10th day of July, 10 2003, between the hours 12:00 a.m. and 12:41 a.m., the 11 above entitled cause came on for public hearing at 12 Baylor University School of Law, 1114 S. University 13 Parks Drive, Room 127, Waco, McLennan County, Texas, 14 76798, before the Texas State Senate Committee on 15 Jurisprudence, Chairman Senator Robert Duncan, Vice 16 Chairman Senator Mario Gallegos, Jr., Senator Kip 17 Averitt, Senator Chris Harris and Senator Royce West, 18 and the following proceedings were had, to-wit: 19 20 ---o0o--- 21 22 23 24 25 PAGE 3 1 CHRONOLOGICAL INDEX 2 VOLUME 1 OF 1 3 JULY 9, 2003 PAGE VOL. 4 Roll Call 16 1 5 OPENING STATEMENTS OF SENATE MEMBERS 16 1 6 Chairman Senator Duncan 16 1 7 Senator Averitt 20 1 8 Senator Harris 24 1 9 Senator West 26 1 10 Vice Chairman Senator Gallegos 31 1 11 Senator Van de Putte 43 1 12 13 PUBLIC TESTIMONY BY PAGE VOL. 14 (1) Representative Jim Dunnam 47 1 15 (2) Representative John Mabry 51 1 Questions by Senator Harris 55 1 16 Questions by Senator West 59 1 Questions by Vice Chairman Senator Gallegos 63 1 17 18 (3) Mayor Maureen J. Jouett, Killeen 65 1 Questions by Senator West 68 1 19 Questions by Senator Harris 69 1 Questions by Senator Van de Putte 69 1 20 21 (4) Mayor Dennis J. Cogliati, Lacy-Lakeview 73 1 22 (5) Mayor John Moser, Stephenville 74 1 Questions by Chairman Senator Duncan 77 1 23 Questions by Vice Chairman Senator Gallegos 78 1 24 (6) Mayor W. Leon Smith, Clifton 79 1 Questions by Vice Chairman Senator Gallegos 81 1 25 Questions by Chairman Senator Duncan 81 PAGE 4 1 CHRONOLOGICAL INDEX (Continued) 2 VOLUME 1 OF 1 3 PUBLIC TESTIMONY BY PAGE VOL. 4 (7) Mayor Donald Baker, Woodway 82 1 5 (8) Judge Jim Lewis, McLennan County 83 1 6 (9) Councilman Randy Riggs, Waco 86 1 7 (10) Mayor Mary Gauer, Harker Heights 89 1 8 (11) Mayor Jess Taylor, Meridian 91 1 9 (12) Judge Cole Word, Bosque County 93 1 10 (13) Congressman Chet Edwards 95 1 Questions by Vice Chairman Senator Gallegos 100 1 11 Questions by Chairman Senator Duncan 107 1 Questions by Senator West 109 1 12 13 (14) Deputy Mayor Russell Devorsky, Bellmead 116 1 14 (15) Rollin Khoury, Former State Representative 121 1 15 (16) Judge Jerome Owens, Tyler County 125 1 Questions by Senator West 128 1 16 17 (17) Joe Mashek, McLennan County Commissioner 132 1 18 (18) Lester Gibson, McLennan County Commissioner 135 1 Questions by Senator West 139 1 19 20 (19) Councilman Maurice Labens, Waco 141 1 21 (20) Councilman Fred Latham, Killeen 143 1 Questions by Vice Chairman Senator Gallegos 148 1 22 23 (21) Justice of the Peace, Fernando Villarreal, McLennan County 151 1 24 25 PAGE 5 1 CHRONOLOGICAL INDEX (Continued) 2 VOLUME 1 OF 1 3 PUBLIC TESTIMONY BY PAGE VOL. 4 (22) Councilman Scott Cosper, Killeen 159 1 Questions by Vice Chairman Senator Gallegos 163 1 5 6 (23) Councilman William Mahon, Lacy-Lakeview 165 1 7 (24) Karen Wood 170 1 Questions by Vice Chairman Senator Gallegos 173 1 8 9 (25) Councilwoman Robin McDurham, Waco 175 1 10 (26) Mayor Linda Ethridge, Waco 178 1 Questions by Vice Chairman Senator Gallegos 182 1 11 12 (27) Mayor Bob McClinton, Lometa 186 1 13 (28) Rick Wilborn, Greater Waco Chamber of Commerce 189 1 14 Questions by Vice Chairman Senator Gallegos 191 1 15 (29) Tom Ray, Greater Waco Chamber of Commerce, Water Resources Committee 194 1 16 17 (30) Robert Cervenka, Farmer and Rancher 198 1 18 (31) Jack Stewart, President & CEO, Greater Waco Chamber of Commerce 203 1 19 20 (32) M.A. Taylor, Former State Representative and Chairman of the McLennan County 21 Republican Party 208 1 Questions by Senator Van de Putte 209 1 22 Questions by Vice Chairman Senator Gallegos 211 1 23 (33) William L. Clifton, Jr. 212 1 24 (34) Helen Quiram 216 1 Questions by Chairman Senator Duncan 218 1 25 Questions by Senator Harris 219 1 PAGE 6 1 CHRONOLOGICAL INDEX (Continued) 2 VOLUME 1 OF 1 3 PUBLIC TESTIMONY BY PAGE VOL. 4 (35) Robert Gamboa, LULAC 223 1 Questions by Senator Van de Putte 228 1 5 6 (36) Alexander Vernon, Past State Commander of Veterans of Foreign Wars 230 1 7 8 (37) Jerry Iverson, L3 Communications Integrated Systems Site Inspector 233 1 9 Questions by Senator West 237 1 10 (38) Superintendent Charles Patterson, Killeen Independent School District 238 1 11 12 (39) William P. Kliwer, Killeen Independent School District Board of Trustees 242 1 13 14 (40) George W. Coffey, Marine Corps., Retired 244 1 15 (41) Sherry Miller, Killeen Independent School District 248 1 16 Questions by Senator Van de Putte 250 1 17 (42) Romania Clark Wittstruck 251 1 18 (43) Superintendent Dr. Glen Acker, Copperas Cove Independent School District 254 1 19 20 (44) Nolene Sykora, Central Texas Labor Council President 259 1 21 22 (45) Dr. David Ray Hardy, Pediatrician 261 1 23 (46) Phyllis D. Hardy, Attorney 264 1 24 (47) Phyllis Flowers, Waco; NAACP President, McLennan County 269 1 25 PAGE 7 1 CHRONOLOGICAL INDEX (Continued) 2 VOLUME 1 OF 1 3 PUBLIC TESTIMONY BY PAGE VOL. 4 (48) Mary Duty, Waco Restaurant Association 273 1 Questions by Senator Van de Putte 277 1 5 6 (49) Betty Zuspann, District 11 - Veterans Healthcare and Benefits Advocate 279 1 7 Questions by Senator West 281 1 Testimony (Resumed) by Ms. Zuspann 282 1 8 9 (50) John R. Gimble, Young Conservatives of Texas 287 1 10 Questions by Chairman Senator Duncan 288 1 Questions by Senator Van de Putte 290 1 11 Questions by Vice Chairman Senator Gallegos 296 1 Further Questions by Chairman 12 Senator Duncan 300 1 13 (51) Steven Autry, CEO, Free Flight Systems 303 1 Questions by Senator Van de Putte 307 1 14 15 (52) H.W. (Sputnik) Strain, Texas Motorcycle Riders Association 310 1 16 Questions by Chairman Senator Duncan 310 1 Questions by Senator West 311 1 17 Testimony (Resumed) by Sputnik Strain 314 1 18 (53) Penny Flood 319 1 Questions by Senator West 323 1 19 Questions by Senator Van de Putte 326 1 20 (54) Carolyn Harvey 328 1 21 (55) George N. Coffee, Jr. 331 1 22 (56) Ellen Hagewood 335 1 23 (57) Carolyn Payne Lomax 339 1 Questions by Chairman Senator Duncan 341 1 24 25 PAGE 8 1 CHRONOLOGICAL INDEX (Continued) 2 VOLUME 1 OF 1 3 PUBLIC TESTIMONY BY PAGE VOL. 4 (58) Charles Reed, Former Waco Mayor 344 1 5 (59) Billy D. Laughlin 347 1 6 (60) Dudley Light 350 1 7 (61) T.D. Steinke 355 1 8 (62) J.B. Leutwyler, III 359 1 9 (63) Richard Manning, Jr. 362 1 10 (64) Roane Lacy, Jr. 366 1 Questions by Senator West 369 1 11 Questions by Vice Chairman Senator Gallegos 371 1 12 (65) Steve Manning 375 1 Questions by Senator West 380 1 13 14 (66) Roy Dell Wathall 381 1 15 (67) Karen Petree 385 1 Questions by Vice Chairman Senator Gallegos 387 1 16 Questions by Senator Van de Putte 389 1 17 (68) Louis Strobacker 391 1 Questions by Chairman Senator Duncan 393 1 18 Questions by Senator West 394 1 Questions by Senator Van de Putte 398 1 19 20 (69) Toni Herbert 401 1 21 (70) Myrtle L. Captain 404 1 Questions by Senator West 406 1 22 23 (71) Denton Byron Lessman 407 1 24 (72) Arthur Resa 412 1 25 (73) Leticia Lerma 414 1 PAGE 9 1 CHRONOLOGICAL INDEX (Continued) 2 VOLUME 1 OF 1 3 PUBLIC TESTIMONY BY PAGE VOL. 4 (74) Tom Purdy 415 1 5 (75) Douglas Guthrie 417 1 6 (76) Laura Lanning-Shipton 419 1 7 (77) Bill Mahon, Speaker Number 23 (Resumed) 422 1 Questions by Vice Chairman Senator Gallegos 426 1 8 9 (78) Pete Taylor, Former Commanding General, Fort Hood 428 1 10 Questions by Senator West 433 1 11 (79) Harold E. Rafuse 434 1 12 (80) Bill Cooper 439 1 13 14 ---o0o--- 15 Reporter's Certificate 452 1 16 17 ---o0o--- 18 19 20 21 22 23 24 25 PAGE 10 1 ALPHABETICAL PUBLIC TESTIMONY INDEX 2 PUBLIC TESTIMONY BY PAGE VOL. 3 (43) Acker, Superintendent Dr. Glen, Copperas Cove Independent School District 254 1 4 5 (51) Autry, Steven, CEO, Free Flight Systems 300 1 Questions by Senator Van de Putte 303 1 6 7 (7) Baker, Mayor Donald, Woodway 82 1 8 (70) Captain, Myrtle L.
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