MINUTES
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
position.
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
definition.
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
service.
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
"yes".
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
recessed.
______________________
Senator Jon Lindsay, Chair
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Tanya Tillman, Clerk