SENATE COMMITTEE ON NOMINATIONS 
                             Monday, February 17, 2003 
                           3:00 p.m. or upon adjournment 
                           Capitol Extension, Room E1.016 
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Nominations  
         was held on Monday, February 17, 2003, in the Capitol Extension  
         Room E1.016 at Austin, Texas. 
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jon Lindsay                     Senator Chris Harris 
         Senator Bob Deuell 
         Senator Gonzalo Barrientos 
         Senator Juan Hinojosa 
         Senator Mike Jackson 
         Senator John Carona 
         The chair called the meeting to order at 3:00 p.m.  There being  
         a quorum present, the following business was transacted:   
         The following members arrived after the roll was called: 
         Senator Jackson 
         Senator Hinojosa 
         Senator Deuell moved to adopt the minutes from the previous  
         meeting and Senator Carona 2nd the motion.  Without any  
         objection the minutes were adopted. 
         With a quorum present, the Chairman introduced Victor Carrillo  
         because his senator, Senator Fraser was not present.  Mr.  
         Carrillo proceeded to give his opening statement and welcomed  
         any questions or comments.   
         Senator Barrientos questioned where he was from originally and  
         then proceeded to ask if he was in favor of the Comptrollers  
         suggestion to merge the Public Utility Commission (PUC) and the  
         Railroad Commission (RRC).  Mr. Carrillo had reviewed the  
         information and was always open to improve efficiency; however,  
         because the details were not set forth, he would like to discuss  
         it further.  Senator Barrientos suggested that before making his  
         decision that he talk to the Lt. Governor, Speaker of the House,  
         and the House and Senate Members.  Mr. Carrillo spoke of his key  
         priorities; in turn, Senator Barrientos questioned whether he  
         was in favor of changing the name of the commission, and he  
         responded with "no".  Senator Barrientos questioned whether he  
         knew of the amount of the RRC budget, and if given the chance,  
         which would he cut first, cars or  employees. Additionally  
         Senator Barrientos asked where he would cut the 7%.  Mr.  
         Carrillo stated that there was a 58 million dollar budget and  
         800 FTE's.  Twenty-nine million of the 58 million was attributed  
         to the General Fund, 19 million went to oil clean up and 6  
         million went to Federal Programs.  Mr. Carrillo did not know  
         from where the cuts would come, but stated hypothetically he  
         would cut the vehicles before the employees.  Senator Barrientos  
         questioned the issue of abandoned oil wells and how many of the  
         FTE's were Black, Hispanic, White, and Women and Men; Barrientos  
         continued by asking the percentage of total purchases to HUB  
         Vendors, what would Mr. Carrillo's first actions be if confirmed  
         to the RRC and how much did the RRC Commissioner make.   Mr  
         Carrillo did not know what the diversity breakdown  of the FTE's  
         were.  He also stated that there was room for improvement on the  
         issue of abandoned oil wells and did not know the percentage of  
         total purchases to HUB Vendors.  He did not have a preconceived  
         agenda and acknowledged that the RRC Commissioner makes $92,000  
         a year. 
         Senator Deuell expressed how impressive Mr. Carrillo's resume  
         was and questioned who should pay to have the oil wells capped.   
         Mr. Carrillo stated that the person who drilled the well should  
         pay, and when this is not available, the state should not be  
         burdened.  He did not know if the state was being aggressive  
         enough.  Senator Deuell asked whether we should continue to use  
         the gas pipelines or use other means.  Mr. Carrillo agreed that  
         we should continue to use gas pipelines and that the state  
         should carry a role for the safety of the pipelines.   
         The Chairman introduced Senator Fraser who in turn talked about  
         his relationship with Mr. Carrillo, including the number of  
         years of their relationship and how he is qualified for the  
         Senator Lindsay asked if there were any new ideas for the agency  
         and suggested that the agency streamline the process of  
         converting old oil wells into usable land.  Mr. Carrillo did not  
         have any new ideas at this point but would like to bring  
         stability to the commission.  
         There being no other questions from the Committee, a vote was  
         taken.  There being 5 ayes and 0 nays, the motion passed to  
         accept the nomination. 
         The Chairman introduced the Telecommunications Infrastructure  
         Fund Nominees, Ms. Blair Fitzsimmons and Mr. Edward Torres.   
         Both gave their opening statements.   They both gave the mission  
         statement of the TIF which was asked by Senator Carona. 
         Senator Barrientos asked of the 1.5 billion cap,  and which  
         received more money, urban or rural areas and how is the  
         decision made on which entity gets more money.  She replied that  
         the rural received more but one was not favored over the other,  
         She explained where the money was spent, and she would get him  
         the information in writing.  Senator Barreintos also asked how  
         much of the fees are passed on to the consumer.  She replied  
         that the cellular companies pass their fees along to the  
         consumer but the telecommunications companies (i.e. SBC) do not  
         pass it onto the consumer. Instead the shareholders pay the fee.   
         Senator Jackson questioned project management fees, and she  
         replied that they were initial grants for start up projects.    
         He also questioned how many were on the Board and if she was  
         aware that some of the grants went to Planned Parenthood.  She  
         answered with nine as the number on the Board and because of the  
         definition that the legislature gave for grants that Planned  
         Parenthood was an eligible candidate for the funding.  She added  
         that only the legislature would be able to change that  
         Senator Barrientos questioned the nature of primary care such as  
         shots and vaccinations and stated that it was a benefit for  
         children. She agreed.   
         Senator Lindsay asked how long the Fund had been in existence  
         and if there had been any changes in their goals. Ms.  
         Fitzsimmons replied that they were working on minor changes in  
         legislation. Senator Lindsay asked if they were paid by the  
         Board and after she replied no, he thanked them for their  
         There being no other questions, a vote was taken; there being 5  
         ayes and 0 nays, the nominees were confirmed. 
         Senator Bivins introduced the 7th Court of Appeal nominee Jim  
         Campbell.  Mr. Campbell gave his opening statement.   
         Senator Barrientos asked what type of cases Mr. Campbell heard.   
         Mr. Campbell replied with property related cases.  Senator  
         Barrientos also asked if Mr. Campbell's firm represented Texas  
         Tech Health and Science Center in malpractice cases.  He replied  
         There being no other questions, the nominees were confirmed with  
         a vote of 5 ayes and 0 nays.   
         The Chairman introduced Sherry Radack and George C. Hanks.  They  
         both gave their opening statements.  
         There being no other questions the nominees were confirmed with  
         a vote of 5 ayes and 0 nays. 
         Senator Barrientos introduced Patrick Keel.  He gave his opening  
         statement.  Senator Lindsay asked what type of court he had, and  
         Mr. Keel's reply was civil.   
         There being no other questions, the nominee was confirmed with a  
         vote of 5 ayes and 0 nays. 
         Chairman Lindsay asked for a motion to confirm the Texas Board  
         of Geoscientist, Texas Historical Commission, Task Force  
         Indigent Defense, State Commission on Judicial Conduct, Texas  
         Judicial Council, Administrative Judicial Region 3rd,  
         Administrative Judicial Region 5th, Administrative Judicial  
         Region 7th, Administrative Judicial Region 8th, Texas Board of  
         Professional Land Surveying, Texas State Library and Archives  
         Commission, Texas Commission of Licensing and Regulation, Texas  
         Military Facilities Commission, Motor Vehicle Board of the Texas  
         Depart of Transportation, all non-appearing entities. Senator  
         Barrientos read each name and motioned to adopt all the  
         nominees.  There being no questions all nominees were adopted  
         with 5 ayes and 0 nays. 
         There being no other business at 4:20pm, Chairman Lindsay  
         announced the committee would stand in recess subject to the  
         call of the chair.  There being no objections, the committee  
         Senator Jon Lindsay, Chair 
         Tanya Tillman, Clerk