MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Thursday, May 22, 2003
10:00 a.m.
Capitol Extension, Room E1.028
*****
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 22, 2003, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Robert Duncan
Senator Mike Jackson Senator Florence Shapiro
Senator Gonzalo Barrientos
Senator Craig Estes
Senator Troy Fraser
Senator Juan Hinojosa
Senator Jon Lindsay
Senator Eddie Lucio, Jr.
Senator Todd Staples
*****
The chair called the meeting to order at 10:20 a.m. There being
a quorum present, the following business was transacted:
At 10:20 a.m. Senator Jackson assumed the chair.
The chair laid out HB 1192 and recognized Steve Foster, General
Counsel to Senator Armbrister, 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 Jackson moved that HB
1192 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 1192 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.
At 10:30 a.m. Senator Hinojosa assumed the chair.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 1192; without objection, it was so
ordered.
The chair laid out HB 2846 and recognized Daniel Womack,
Legislative Aide to Senator Fraser, in the absence of the Senate
sponsor, to explain the bill. There were no witnesses on the
bill. The bill was left pending.
At 10:35 a.m. Senator Lindsay assumed the chair.
The chair laid out HB 1193 and recognized Steve Foster, General
Counsel to Senator Armbrister, 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 Jackson moved that HB
1193 be left pending to await a quorum; without objection, it
was so ordered. Senator Jackson moved that HB 1193 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 1193; without objection, it was so
ordered.
The chair laid out HB 2252 and recognized the Senate sponsor,
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 HB
2252 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 Hinojosa moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 2252; without objection, it was so
ordered.
At 10:40 a.m. Senator Armbrister resumed the chair.
The chair laid out HB 3030 and recognized the Senate sponsor,
Senator Lindsay, 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 Armbrister moved that HB
3030 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lindsay moved
that HB 3030 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 Lindsay moved that the bill be
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Minutes
Thursday, May 22, 2003
page 3
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 3030; without objection, it was so
ordered.
The chair laid out HB 3229 and recognized Daniel Womack,
Legislative Aide to Senator Fraser, 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 Armbrister moved that HB
3229 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Fraser moved
that HB 3229 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 Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 3229; without objection, it was so
ordered.
At 10:45 a.m. Senator Hinojosa assumed the chair.
The chair laid out HB 3563 and recognized the Senate sponsor,
Senator Armbrister, 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 Armbrister sent up
Committee Amendment 1 and Senator Jackson moved adoption;
without objection, the amendment was adopted. Senator Hinojosa
moved that HB 3563 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Jackson moved that HB 3563, 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 3563; without objection, it was so
ordered.
The chair laid out HB 3338 and recognized the Senate sponsor,
Senator Armbrister, 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 HB
3338 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
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Thursday, May 22, 2003
page 4
moved that HB 3338 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, 1 present not
voting, and 2 absent. Senator Lucio, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 3338; without objection, it was so
ordered.
The chair laid out HB 2661 and recognized the Senate sponsor,
Senator Armbrister, 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 HB
2661 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 2661 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 2661; without objection, it was so
ordered.
The chair laid out HB 1195 and recognized the Senate sponsor,
Senator Armbrister, 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 HB
1195 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 1195 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 1195; without objection, it was so
ordered.
The chair laid out HB 3612 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. There were no
witnesses on the bill. Senator Hinojosa moved that HB 3612 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Jackson moved that
HB 3612 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
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Minutes
Thursday, May 22, 2003
page 5
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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 3612; without objection, it was so
ordered.
At 10:50 a.m. Senator Armbrister resumed the chair.
At 10:50 a.m. Senator Armbrister moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 7:05 p.m. Senator Barrientos reconvened the committee.
The chair brought up HB 298 from pending busness and recognized
Jennifer Aarons, Legislative Aide to Senator Nelson, to explain
the bill. Senator Jackson moved that HB 298 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Staples moved that HB 298 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
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 298; without objection, it was so
ordered.
The chair laid out HB 1823 and recognized Rob Edwards,
Legislative Aide to Senator Lindsay, 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 Barrientos moved that HB
1823 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lindsay moved
that HB 1823 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 Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 1823; without objection, it was so
ordered.
The chair laid out HB 942 and recognized Melissa Sattley,
Legislative Aide to Senator Hinojosa, 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
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Thursday, May 22, 2003
page 6
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Barrientos moved that HB
942 be left pending to await a quorum; without objection, it was
so ordered. Senator Hinojosa sent up a committee substitute;
the chair recognized Senator Hinojosa to explain the difference
between the committee substitute and the bill as filed. Senator
Hinojosa moved adoption of the committee substitute; without
objection, it was so ordered. Senator Hinojosa moved that HB
942 do not pass but that CSHB 942 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on CSHB 942; without objection, it was so
ordered.
The chair laid out HB 3061 and recognized Melissa Sattley,
Legislative Aide to Senator Hinojosa, 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. The bill was left pending at the
request of the author.
The chair laid out HB 1575 and recognized Chris Smith,
Legislative Aide to Senator Lucio, 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 Barrientos moved that HB
1575 be left pending to await a quorum; without objection, it
was so ordered. Senator Lucio, Jr. sent up a committee
substitute; the chair recognized Senator Lucio, Jr. to explain
the difference between the committee substitute and the bill as
filed. Senator Lucio, Jr. moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Lucio, Jr. moved that HB 1575 do not pass but that CSHB 1575 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 Lucio,
Jr. moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on SCHB 1575; without objection, it was so
ordered.
The chair laid out HB 2184 and recognized Jason Anderson,
Legislative Aide to Senator Madla, 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
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Thursday, May 22, 2003
page 7
chair moved that the public testimony be closed; without
objection, it was so ordered. The bill was left pending at the
request of the author.
The chair laid out SB 1954 and recognized Leah Erard,
Legislative Aide to Senator Ratliff, in the absence of the
author, to explain the bill. There were no witnesses on the
bill. Senator Barrientos moved that SB 1954 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Jackson moved that SB 1954 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.
Senataors Barrientos and Estes requested unanimous consent to be
shown voting aye on SB 1954; without objection, it was so
ordered.
The chair laid out HB 645 and recognized J.A. Lazarus,
Legislative Aide to Senator Armbrister, 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 Barrientos moved that HB
645 be left pending to await a quorum; without objection, it was
so ordered. Senator Armbrister sent up Committee Amendment 1
and moved adoption; without objection, the amendment was
adopted. Upon arrival of a quorum, Senator Jackson moved that
HB 645, 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 645; without objection, it was so
ordered.
At 7:50 p.m. Senator Estes assumed the chair.
The chair laid out HB 3565 and recognized the Senate sponsor,
Senator Barrientos, 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 Barrientos sent up a
committee substitute; the chair recognized Senator Barrientos to
explain the difference between the committee substitute and the
bill as filed. Senator Barrientos moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Estes moved that HB 3565 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
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Minutes
Thursday, May 22, 2003
page 8
quorum, Senator Lucio, Jr. moved that HB 3565 do not pass but
that CSHB 3565 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. Senator Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Barrientos requested unanimous consent to be shown
voting aye on CSHB 3565; without objection, it was ordered.
The chair laid out HB 1979 and recognized the Senate sponsor,
Senator Armbrister, 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 HB 1979
be left pending to await a quorum; without objection, it was so
ordered. Senator Armbrister sent up a committee substitute; the
chair recognized Senator Armbrister to explain the difference
between the committee substitute and the bill as filed. Senator
Armbrister moved adoption of the committee substitute; without
objection, it was so ordered. Senator Jackson moved that HB
1979 do not pass but that CSHB 1979 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on CSHB 1979; without objection, it was so
ordered.
The chair laid out HB 2888 and recognized Senator Armbrister, 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. The bill was left
pending at the request of the Senate sponsor.
The chair laid out SCR 56 and recognized the author, Senator
Armbrister, 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 SCR 56
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Staples moved that
SCR 56 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 Staples moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Barrientos and Estes requested unanimous consent to be
SENATE COMMITTEE ON NATURAL RESOURCES
Minutes
Thursday, May 22, 2003
page 9
shown voting aye on SCR 56; without objection, it was so
ordered.
The chair laid out HB 2847 and recognized the Senate sponsor,
Senator Jackson, 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 Barrientos moved that HB
2847 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Jackson moved
that HB 2847 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.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 2847; without objection, it was so
ordered.
The chair laid out HB 3035 and recognized the Senate sponsor,
Senator Armbrister, 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 Barrientos moved that HB
3035 be left pending to await a quorum; without objection, it
was so ordered. Senator Armbrister sent up Committee Amendment
1 and moved adoption; without objection, the amendment was
adopted. Senator Armbrister sent up Committee Amendment 2 and
moved adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted. Upon
arrival of a quorum, Senator Armbrister moved that HB 3035, 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 8 ayes, 0 nay, 1 present not voting, and 2
absent.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 3035; without objection, it was so
ordered.
The chair laid out HB 2554 and recognized the Senate sponsor,
Senator Williams, to explain the bill. There were no witnesses
on the bill. Senator Barrientos moved that HB 2554 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 2554
be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion failed by a record vote
of 5 ayes, 3 nays, 1 present not voting, and 2 absent.
Senators Barrientos and Estes requested unanimous consent to be
shown voting aye on HB 2554; without objection, it was so
ordered.
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Thursday, May 22, 2003
page 10
At 8:30 p.m Senator Estes moved the committee stand at ease
awaiting a quorum.
At 9:20 p.m. Senator Jackson reconvened the meeting.
The chair laid out SB 780 and recognized the author, Senator
Armbrister, 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 780
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Jackson moved that
SB 780 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 Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senators Estes requested unanimous consent to be shown voting
aye on SB 780; without objection, it was so ordered.
At 9:25 p.m. Senator Armbrister resumed the chair.
The chair laid out HB 3567 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. There were no
witnesses on the bill. Senator Jackson moved that HB 3567 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Jackson moved that
HB 3567 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 Jackson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Estes requested unanimous consent to be shown voting aye
on HB 3567; without objection, it was so ordered.
The chair laid out HB 3157 and recognized the Senate sponsor,
Senator Armbrister, 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 Jackson moved that HB
3157 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, 1 nay, 0 present not voting, and 3
absent.
Senator Estes requested unanimous consent to be shown voting aye
on HB 3157; without objection, it was so ordered.
There being no further business, at 10:15 p.m. Senator
Armbrister moved that the Committee stand recessed subject to
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Minutes
Thursday, May 22, 2003
page 11
the call of the chair. Without objection, it was so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly Gilbert, Clerk