MINUTES SENATE COMMITTEE ON FINANCE Monday, January 29, 2001 8:00 a.m. Capitol Extension, Room E1.036 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Finance was held on Monday, January 29, 2001, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Rodney Ellis Senator Steve Ogden Senator Chris Harris Senator Gonzalo Barrientos Senator Robert Duncan Senator Troy Fraser Senator Tom Haywood Senator Mike Jackson Senator Jon Lindsay Senator Eddie Lucio, Jr. Senator Carlos Truan Senator John Whitmire Senator Judith Zaffirini ***** The chair called the meeting to order at 9:01 a.m. There being a quorum present, the following business was transacted: The Chair recognized the following witnesses to provide testimony regarding Legislative Budget Board recommendations: Supreme Court Tina Beck, LBB Budget Analyst Chief Justice Tom Phillips, Spoke to several issues on requested budgets of several different courts. Chief Phillips then spoke specifically to the Supreme Court budget and the exceptional items. Answered many questions from the committee. Lamar McCorkle, Judge 133rd District Court Answered questions. Registering, but not testifying: John T. Adams, Clerk, Supreme Court Nathan L. Hecht, Supreme Court Justice William L. Willlis, Supreme Court Justice Court of Criminal Appeals Tina Beck, LBB Budget Analyst Sharon Keller, Presiding Judge Addressed the exceptional items in proposed budget. Salary increases are a priority. Answered questions. Senator Whitmire suggested that Judge Keller and her colleges come back in a week or two and address the issue of indigent representation. Court of Appeals Tina Beck, LBB Budget Analyst Marilyn Aboussie, Chief Justice, 3rd Court of Appeals Gave a brief overview. Stated that all of the Chief Justices are present and ready to speak to individual budgets. Spoke to the 3rd Court budget. Spoke to the problems of recruiting minority lawyers. Answered questions. Richard Barajas, Chief Justice, 8th Court of Appeals Spoke to the issue of minority hiring in El Paso. Spoke to what he personally does to recruit. Spoke to the budget for the 8th Court of Appeals. Michael H. Schneider, Chief Justice, 1st Court of Appeal Gave an overview of the Court of Appeals system. Spoke to the budget for the 1st Court of Appeals and exceptional items. Linda B. Thomas, Chief Justice, 5th Court of Appeals Spoke to the budget for the 5th Court of Appeals and exceptional requests. No new judge positions since 1982. John Cayce, Chief Justice, 2nd Court of Appeals Spoke to the budget request for his court and exceptional items. Phil Hardberger, Chief Justice , 4th Court of Appeal Thanked Senator Ellis for his interest in minority recruitment. Spoke to his requested budget. William J. Cornelius, Chief Justice, 6th Court of Appeals Spoke to the exceptional items in his requested budget. In Texarkana, all three judges collaborate in all interviewing and hiring of every person that works for the court. Rogelio Valdez, Chief Justice, 13th Court of Appeals The most recently elected judge of the Court of Appeals. Spoke to the exceptional items in requested budget. Stated there were two branches of the 13th Court of Appeals; one in Corpus Christi and one in Edinburgh so technology is very important. Answered questions. Ronald L. Walker, Chief Justice, 9th Court of Appeals Spoke to the additional need for increased salaries. The 9th Court is a performing court and has actively sought lawyers that like appellate work. Answered questions. Leonard Davis, Chief Justice, 12th Court of Appeals His court has gone to full-time career/staff attorneys and away from briefing attorneys. This has worked very well, but he needs increased salaries to keep them. Spoke to the other exceptional items in budget. William G. Arnot, Chief Justice, 11th Court of Appeals Spoke to the proposed budget and exceptional items. Rex D. Davis, Chief Justice, 10th Court of Appeals Spoke to the minority issue and an overview of how his court works. Spoke to the exceptional items in budget. Answered questions. Public Testimony: Annette Lovol, Texas Appleseed, Indigent Defense Funding Keith C. Hampton, Texas Criminal Defense Lawyers Alliance, Indigent Defense Funding Registering, but not testifying: Bill Beardall, Texas Appleseed, Indigent Defense Funding, Austin, Texas Mavrie Levin, Texas Defender Service, Austin, Texas Raoul Schonemann, Attorney, Self, Indigent Defense Funding Lynn Nabers, Alliance for Judical Funding, Austin, Texas Robert C. Owen, Attorney, Indigent Defense Funding, Austin, Texas At 12:13 p.m. Senator Ellis moved that the committee stand recessed until 45 minutes after adjournment of the Senate; without objection, it was so ordered. At 2:00 p.m. the committee reconvened. Office of Court Administration, Texas Judicial Council Tina Beck, LBB Budget Analyst Ann Fuelberg, Technology Consultant, Leapnet Answered questions. Melissa Stice Larson, SAO Sandy Donoho, SAO Jerry Benedict, Executive Director Answered questions dealing with the Human Resources audit. John J. Specia, Jr., 225th District Court Handout on Cluster Court Projects (attached) Registering, but not testifying: Carole Hurley, Attorney, TDPRS Carry Shults, Director of Information Services, OCA Office of State Prosecuting Attorney Ryan Koch, LBB Budget Analyst Matthew Paul, State Prosecuting Attorney Introduced staff in attendance. Gave overview of what office does. Stressed the importance of technology. State Law Library Ryan Koch, LBB Budget Analyst Kay Schlueter, Agency Director Gave an overview of library and spoke to exceptional items in proposed budget. Answered questions. Court Reporters Certification Board Ryan Koch, LBB Budget Analyst Michele L. Henricks, Executive Director Spoke to exceptional items in proposed budget. Gave an overview of what had happened to the agency in the past biennium. Answered questions. Sid L. Harle, District Judge, Board Chairman Thanked the committee for their support and asked for the exceptional items to be funded. Commission on Judicial Conduct Tina Beck, LBB Budget Analyst Lisa Mogil, Sunset Review Commission Margaret J. Reeves, Executive Director Commission is not the same Board that appeared before this committee 2 years ago. Gave an overview of the Commission of the past biennium and the changes made. The Commission had a 73% turnover rate. Answered questions. L. Scott Mann, Chairman Spoke to the many changes the commission has made in the last biennium. Spoke to the exceptional items. Kathleen H. Olivares, Judge, 205th Spoke to the increased workload and asked for increased funding. Answered questions. William G. Arnot III, Chief Justice, Houston Court of Appeals Spoke to the concerns of the indigent population. Spoke to the pay raise for the Executive Director. Registering, but not testifying: Donald L. Hardcastle, Professor, Baylor University Kelley McCormick, Special Prosecutor, Special Prosecution Unit Peter Vogel, Attorney, Gardeven Wynne, Sewell, Judicial Committee on Information Technology Seana Willing, Attorney, Sr. Commission Counsel, State Commission on Judicial Conduct Judiciary Section, Comptroller's Office Tina Beck, LBB Budget Analyst Chuck Demos, Section Manager, Comptroller's Office Spoke to proposed budget and answered questions. Gina DeBottis, Chief Prosecutor, Special Prosecution Unit Spoke to the proposed budget. Answered questions. Ronnie Earle, District Attorney Travis County, Public Integrity Unit Spoke to the problems that the County is faced with: the increase in costs for office space and increased health insurance. Public Testimony: Robert Kapple, Texas District & County Attorney's Association Spoke for increased travel funds and funding in general. Tim Cole, District Attorney for the 97th Court Gave an overview from the small county prospective. This is a very critical fund. Answered questions. Guy James Gray, District Attorney in Jasper County Spoke to the need for this funding in rural counties. Registering, but not testifying: Kelly McCormick, Special Prosecutor, Special Prosecution Unit Railroad Commission Stanton Korn, LBB Budget Analyst John Hawkins, Sunset Commission Jack Caro, Comptroller's Office Michael Williams, Chairman of the Railroad Commission Spoke to proposed budget and seven exceptional items. Kathy Pyku, Director of Finance Answered questions about vehicle requests. Tony Garza, Commissioner Answered questions. Spoke of environmental issues. Charles Matthews, Commissioner Answered questions. Ron Kitchens, Director of Energy Operations Answered questions. Registering, but not testifying: James Carruth, Financial Analyst Lindil Fowler, General Counsel General Land Office and Veterans' Land Board Stanton Korn, LBB Budget Analyst Jess Calvert, Performance Analyst David Dewhurst, Land Commissioner Gave a very detailed overview of the GLO in the past biennium. Gave a progress report on many of the programs: State Home Loans, Reduced Interest Rates, Texas State Veterans Homes, State Power Program and Adopt-A-Document, Adopt-A-Map along with many others. Answered questions. Registering, but not testifying: Larry R. Soward, Chief Clerk There being no further business, at 6:48 p.m. Senator Ellis moved that the Committee stand recessed until 8:00 a.m., Tuesday, January 30, 2001. Without objection, it was so ordered. ______________________ Senator Rodney Ellis, Chair ______________________ Myra J. Schmitt, Clerk