MINUTES 
                                           
                          SENATE COMMITTEE ON NOMINATIONS 
                               Monday, March 17, 2003 
                                     3:00 p.m. 
                           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, March 17, 2003, in the Capitol Extension,  
         Room E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jon Lindsay                     None 
         Senator Bob Deuell 
         Senator Gonzalo Barrientos 
         Senator John Carona 
         Senator Chris Harris 
         Senator Juan Hinojosa 
         Senator Mike Jackson 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 3:00 p.m and the  
         following business was transacted: 
          
         Senator Estes introduced Judge Brotherton of the Texas Juvenile  
         Probation Commission and gave Wayne D. Marty, Adjutants's  
         General Department, accolades. 
          
         General Marty gave his opening remarks.  Senator Lindsay asked  
         the amount of time it takes for a clean up like with the  
         Columbia disaster and from where the money comes.  General Marty  
         explained that it could be anywhere from 3 to 30 days and that  
         the money came from Federal reimbursements and state funds.   
          
         Senator Barrientos introduced General Marty and began to  
         question him regarding the cost of his Commission, his budget  
         and his travel. The Senator asked for a list of the employees  
         that are retired, receiving retirement money and a salary.   
         General Marty agreed and will also provide the ethnic breakdown  
         of guardsman.  Senator Deuell asked how many people could be  
         moved immediately into combat if required to do so and General  
         Marty replied with 10,000. 
         The Chair announced that the consideration of this nominee would  
         be left pending awaiting the arrival of a quorum. 
          
         The Chairman introduced Senator Van de Putte to give an early  
         introduction of Thomas Labatt, Texas Water Development Board. 
  
         The Chairman introduced C. Kent Conine with the Department of  
         Housing and Community Affairs.  He gave his opening remarks.  
         Senator Barrientos asked about the length of his tenure and his  
         thoughts on transferring the Home Program to ORCA.  He did not  
         think it was a good idea and did not know from where the  
         suggestion came.   
          
         The Chair announced that the consideration of this nominee would  
         be left pending awaiting the arrival of a quorum.  
          
         The Chair introduced Mr. Bill O. Simmons with the  
         Telecommunications Infrastructure Fund Board (TIF).  Senator  
         Barrientos questioned him about TIF's budget and the number and  
         ethnic breakdown of TIF employees. 
          
         At 3:38 a quorum was established. 
          
         At 3:38, without objection, the motioned carried to adopt the  
         minutes from the previous meeting. 
          
         At 3:40pm, the Chair moved to recommend C. Kent Conine to the  
         full Senate.  There being 7 ayes and 0 nays, the nominee was  
         confirmed.  Senator Carona, Harris, and Jackson asked to be  
         shown voting aye. 
          
         At 3:41pm, the Chair moved to recommend Wayne D. Marty,  
         Adjutants's General's Department, to the full Senate.  There  
         being 7 ayes and 0 nays, the nominee was confirmed.  Senator  
         Jackson, Harris, and Carona asked to be shown voting aye.  
               
         The Chair then asked for a motion to send Bill Simmons with the  
         Telecommunications Infrastructure Fund Board to the full Senate.  
         There being 7 ayes and 0 nays the nominees were confirmed.   
         Senator Carona asked to be shown voting aye.  
          
         The Chair introduced the nominees with the commission on Jail  
         Standards, William C. Morrow and Charles J. Sebesta.  They gave  
         their opening remarks.  Senator Hinojosa asked their thoughts on  
         video cameras and safety.  Senator Jackson asked about their  
         operational oversight and violations.  Senator Lindsay asked  
         about the number of jails in non-compliance, and Senator  
         Barrientos asked about their positions and pay.  After answering  
         all questions, Senator Barrientos asked that Michael M. Seale  
         make an appearance before the committee even though he had  
         written a letter of explanation excusing himself from the  
         committee. Without objection, the Chairman agreed.  Senator  
         Lindsay read two witness cards in support of the nominees.  At  
         4:08 Senator Jackson moved to recommend the nominees to the full  
         Senate.  There be 7 ayes and 0 nays, the nominees were  
         confirmed.  Senator Deuell and Carona asked to be shown voting  
         aye. 
          
         Senator Harris introduced Steve Byrd with the Commission on Law  
         Enforcement Officer Standards and Education; Senator Barrientos  
  
                                            SENATE COMMITTEE ON NOMINATIONS 
                                                                    Minutes 
                                                     Monday, March 17, 2003 
                                                                      page   3 
                                                                            
         introduced Cathy Ellison, and Senator Lindsay introduced Daniel  
         J. Smith, Joe Stivers, and Gary M. Swindle. Each gave their  
         opening remarks.  
           
         Senator Barrientos questioned their definitions of racial  
         profiling, the ethnic breakdown of employees, the top five  
         highest paid positions and if any of those five positions were  
         held by any minorities.  
           
         After answering questions, the Commission was voted to the full  
         Senate 7 ayes and 0 nays.  Senator Carona, Harris, and Jackson  
         asked to be shown voting aye.  
          
         The Chairman introduced the Texas Juvenile Probation Commission,  
         Robert Brotherton and Keith Kuttler, and Senator Hinojosa  
         introduced Barbara Punch.   
          
         The Chairman asked for a motion to send all non-appearing  
         entities to the full Senate.  Senator Hinojosa moved to send the  
         Telecommunications Planning and Oversight Council, Texas Board  
         of Professional Geoscientists, Texas Incentive and Productivity  
         Commission, Board for Lease of Texas Department of Criminal  
         Justice Lands, Texas Municipal Retirement System, Texas Health  
         Care Information Council, Texas Board of Occupational Therapy  
         Examiners, and the Texas Council on Offenders with Mental  
         Impairments to the full Senate.  There being 7 ayes and 0 nays  
         the nominees were sent to the full Senate.  Senator Carona,  
         Harris, and Jackson asked to be shown voting aye.  
          
         The Chairman proceeded with the nominees to the Texas Juvenile  
         Probation Commission.  Each gave their opening statement.  There  
         being no other questions the nominees were voted to be sent to  
         the full Senate with 7 ayes and 0 nays.  Senator Barrientos,  
         Harris and Jackson were asked to be shown voting aye. 
          
         The Chairman introduced the Texas Water Development Board  
         nominees E.G. Rod Pittman, Thomas Weir Labatt and Senator  
         Honojosa introduced Dario Vidal Guerra.  Each gave their opening  
         statement.  Senator Lindsay asked about the number of members on  
         the board and if they were in favor of changing the rules on  
         interbasin transfer.  They agreed they were open to ideas.   
         There being no other questions, the nominees were sent to the  
         full senate with 7 ayes and 0 nays.  Senator Deuell, Barrientos  
         and Jackson asked to be shown voting aye.   
          
         There being no other business at 5:05pm, Chairman Lindsay  
         announced the committee would stand in recess subject to the  
         call of the Chair.  There being no objections, the committee  
         recessed. 
          
         _____________________________ 
  
                                            SENATE COMMITTEE ON NOMINATIONS 
                                                                    Minutes 
                                                     Monday, March 17, 2003 
                                                                      page   4 
                                                                            
         Senator Jon Lindsay 
          
         ______________________________ 
         Tanya A. Tillman Committee Clerk