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