& EMPLOYMENT PRACTICES 
                              Tuesday, May 26, 1998 
                                     9:30 am 
                         Capitol Extension, Room E1.012 
         Pursuant to a notice posted in accordance with Senate Rule  
         11.11, a public hearing of the Senate Committee on Hopwood,  
         State Contract & Employment Practices was held on Tuesday, May  
         26, 1998 in the Capitol Extension, Room E1.012, at Austin,  
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         The Hon. Bob Lanier                     None 
         Senator Gonzalo Barrientos 
         Senator Teel Bivins 
         Senator Robert Duncan 
         Senator Rodney Ellis 
         Senator Frank Madla 
         Senator Bill Ratliff 
         The Chair called the meeting to order at 9:40 am.  There being  
         a quorum present, the following business was transacted.   
         The Chair recognized each committee member to make opening  
         remarks regarding the committee or its charge.  After opening  
         remarks were given by Senators Ellis and Barrientos, the Chair  
         made some comments.   
         On a motion by Senator Ratliff, seconded by Senator Ellis, and  
         without objection, the Committee approved its Rules.   
         The Committee discussed the timeline under which its charges  
         are to be completed and discussed possible out-of-town meeting  
         The Chair called the following witnesses to testify regarding  
         Hopwood issues in higher education: 
              Don Brown, PhD, Commissioner, Higher Education  
         Coordinating Board; 
              The Hon. Ray Farabee, General Counsel, University of  
         Texas System; 
              James Brink, PhD, Vice-Provost and Interim Vice-President  
                   for Enrollment Management, Texas Tech University;  
              Barry B. Thompson, PhD, Chancellor, A&M University. 
         Delmar L. Cain, General Counsel, A&M University System, and  
         Sallie Sheppard, Associate Provost, A&M University, registered  
         as resource witnesses but did not testify. 
         At 12:30 pm Senator Ellis moved that the Committee stand  
         recessed until 1:00 p.m.  There being  no objection, it was so  
         The Chair called the Committee back to order at 1:05 p.m.  The  
         Chair recognized Mr. Dennis Duffy, General Counsel, University  
         of Houston, to testify regarding Hopwood issues in higher  
         The Chair recognized Mr. Jay Aguilar, Special Assistant  
         Attorney General, Attorney General's Office, to testify  
         regarding Hopwood and the U.S. Department of Education Office  
         of Civil Rights investigation of higher education in Texas.  
         The Chair recognized Mr. William M. Hale, Executive Director,  
         Texas Commission on Human Rights, to testify regarding  
         affirmative action in state employment. 
         The Chair recognized Mr. Jim Todd, Attorney, Attorney  
         General's Office, to testify regarding the Messer case. 
         The Chair recognized the following persons to testify  
         regarding the Texas Certified Historically Underutilized  
         Business Program: 
              Tom Treadway, Executive Director, General Services  
              Rolando Fabrega, Director of Business Services, General  
         Services Commission 
         The Chair recognized Ms. Carol Ann Smith, State Auditor's  
         Office, to testify regarding the Audit Report on Compliance  
         with State Historically Underutilized Business Requirements. 
         Ms. Robin Smith of the State Auditor's Office registered as a  
         resource witness but did not testify. 
         There being no further business, at 4:20 pm Senator Ellis  
         moved that the Committee stand recessed subject to the call of  
         the Chair.  Without objection, it was so ordered.   
         The Hon. Bob Lanier, Chair 
         Cheryl Vanek, Clerk