MINUTES SENATE COMMITTEE ON NOMINATIONS Tuesday, May 4, 2004 10:00 a.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 Tuesday, May 4, 2004, 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 Kevin Eltife Senator Juan Hinojosa Senator Mike Jackson Senator Kel Seliger ***** The Chair called the meeting to order at 10:03 a.m. There being a quorum present, the following business was transacted: The following members arrived after the roll was called: Senator Jackson, Senator Barrientos, and Senator Hinojosa. The Chair laid out the committee rules for the 78th 4th Called Legislative Session. Senator Deuell moved to adopt the rules; there being no objection the rules were adopted. The Chair recognized Senator Whitmire who introduced Education Commissioner Shirley Neeley. The Chair recognized the two new Senators to the committee, Senator Seliger and Senator Eltife. The Chair introduced The Honorable Scott Andrew Brister, nominee to the Supreme Court of Texas. Justice Brister made an opening statement and introduced his staff. The Chair recognized Senator Barrientos for questions. Senator Barrientos asked Brister questions regarding judicial election reform, and if he supported separation of Church and State. He also asked if Brister favored judicial elections or appointments for life. Brister did not give answers that were satisfactory to Senator Barrientos. The Chair recognized Senator Hinojosa who asked Brister about being sued for having the Ten Commandments on the walls of his courtroom and about the separation of Church and State. Brister said the Church and the State are separate institutions with separate jobs to the extent that it is required for them to be kept separate by the constitution. Senator Hinojosa asked several more questions. Brister responded that not every question can be answered with "yes, always," or "no, never." The Chair again recognized Senator Barrientos who proceeded with more questions regarding school vouchers. Brister said that it was not his call. Senator Barrientos asked him if it was accurate that the court favors doctors and hospitals when its duty is to represent all citizens. The Chair asked for other questions, there were none, and he thanked Justice Brister for appearing before the committee. There being no other questions, a motion was passed at 10:29 a.m. by Senator Jackson to send Scott Brister to the full Senate and Senator Deuell seconded the motion. Brister was confirmed by the committee with 5 ayes and 2 nayes. The Chair called Shirley Neeley to come before the Committee. She gave a summary of her accomplishments in education. The Chair thanked Commissioner Neeley and asked her to explain the controversial report on the progression of the Galena Park students to higher education. She explained that she likes to use a broader definition for "higher education" than only four-year colleges and universities. The Chair asked for questions and recognized Senator Barrientos. Senator Barrientos asked her to explain her method of improving the student performance at Galena Park School District. She said that she had to start from the beginning, but that she did raise the record of Galena Park School District from acceptable to exemplary. She said she owes much of the progress to the incredible team she worked with and the school board's willingness to make decisions that were not always popular. Senator Barrientos asked her about the importance of adequate compensation for teachers and the education of children from low-income families. She thought competitive salaries are important, but the most important thing is that teachers know they are valued. Neeley also said that in Texas we have a new accountability system, a new test, new demographics, and the bar is continually raised, so teachers do need some incentive to continue with the job they are doing. The Chair recognized Senator Hinojosa who asked if the education system was "top-heavy." Neeley answered that the Texas Education Agency has an administrative cost-ratio. The priority must be in the classroom. Hinojosa commented that education is the best equalizer we have in our society and so we need to run education as a business. The Chair recognized Senator Deuell. Senator Deuell asked Neeley about the firing of principals and teachers, teacher incentives, and what to do with an unresponsive superintendent. Neeley responded that there is no excuse for low-performing schools. Senator Deuell asked if vouchers would have worked at Galena Park. She believes the superintendent should be able to offer parents who are unhappy with their school districts a choice. He asked Neeley about the administrative cost-ratio, and she clarifies that the administrator to student ratio is a set number of administrators per student with an attached total cost that is not affected by the number of students. Senator Deuell asked Neeley what we need as far as benefits for teachers. Neeley said that teachers want support from their administrators. Senator Deuell asked if there was a shortage of teachers in Texas. Neeley said there were over 600,000 certified teachers in Texas and only half of them are choosing to teach in our pubic schools. Senator Deuell asked her about teacher certification. Neeley said that non-certified teachers are not preferred, but it should be an option for superintendents. She added that lots of training and mentoring are essential for non-certified teachers to be successful. Senator Deuell asked Neeley about the budget of TEA. Neeley answered that it is $70 million. That is down $30 million from last year. Senator Deuell asked Neeley about class size. Neeley is supporting a 22 to 1 district average giving the superintendents needed room for some flexibility as opposed to the strict 22 to 1 ratio per classroom. Senator Deuell thanked her and the Chairman. The Chair thanked Senator Deuell for his questions. The Chair recognized Senator Jackson. Senator Jackson asked for more information on the formula of the administrator to student ratio. Senator Jackson asked about unfunded education mandates from the state and how the legislators can avoid them. Neeley said that TEA needs to provide the cost of every mandate to the legislature before it is passed because her job is to carry out the mandates of the legislature and it is difficult when the funds are unavailable. Senator Jackson asked what she thought about having gambling as a revenue for public schools. She said that it was up to the legislature to determine the sources of revenue. Senator Jackson asked about schools starting earlier and holidays getting longer. She believes it should be a local decision. She discussed the dual credit and the importance of syncing the school district fall and spring semesters with the local colleges' semesters. The Chair again recognized Senator Barrientos. He asked about home-schooling being used as an excuse for dropouts. Neeley said that it is the school district's job to make sure they track the students and know where they are and why they are not attending or leaving. If the school district reaches out to parents who home-school, then it develops a positive relationship. Senator Barrientos clarified that there is a problem with kids dropping out of school and using home-schooling as an excuse. Senator Barrientos mentioned a bill about a teacher mentor program and cautioned about duties of the mentors and principal favoritism being an effect of the bill if it passes. Senator Barrientos asked Neeley if she was for or against the 22 to 1 student to teacher ratio. She answered that she is for a 22 to 1 student to teacher ratio as a district average. There being no other questions, a motion was passed at 11:42 a.m. by Senator Hinojosa to send Shirley Neeley to the full Senate and Senator Deuell seconded the motion. Commissioner Neeley was confirmed by the committee with 7 ayes and 0 nayes. The Chair called the nominees to the Public Utility Commission of Texas and asked Senator Jackson to introduce Barry Thomas Smitherman. The Chair asked F. Paul Hudson to introduce himself because Senator Wentworth could not be present. The Chair asked Hudson and Smitherman to each make an opening statement. The Chair asked for a brief overview of cost procedures that are ahead for the PUC. The Chair asked Smitherman to add and Smitherman said that the financial situation is not a case of first-impressions. The Chair asked for questions and recognized Senator Barrientos. Senator Barrientos asked Hudson questions regarding the best avenue for customer complaints. He also asked about the negative situation in California after deregulation and how to prevent that from happening in Texas and Hudson answered. Senator Barrientos questioned Hudson regarding ERCOT and the Open Meetings Act. Senator Barrientos asked Smitherman the same question and Smitherman recommended that it follow the Open Meetings Act because it currently works in the spirit of the Open Meetings Act. Senator Barrientos asked if the PUC intended to keep up with the telecommunications industry's movement to wireless networks and Hudson answered that they did. Senator Barrientos asked if they had any plans for spamming regulations for unwanted faxes and Hudson replied that the Attorney General's office is working on that issue. There being no other questions, a motion was passed at 12:12 p.m. by Senator Barrientos to send F. Paul Hudson and Barry Thomas Smitherman to the full Senate and Senator Seliger seconded the motion. Both nominees to the Public Utility commission were confirmed by the committee with 7 ayes and 0 nayes. The Chair called Larry Soward, nominee to the Texas Commission on Environmental Quality (TCEQ), to appear before the Committee and recognized Senator Barrientos to introduce him. The Chair asked Soward if he would like to make an opening statement. Soward stated that the TCEQ is and will be at the forefront of every issue facing Texas to attract citizens to our state and keep our economy strong by protecting our environment, natural resources, and public health. Due to its tremendous responsibility Soward recommends improvement of the TCEQ. The Chair recognized Senator Barrientos for questions. Senator Barrientos points out that the commission gets accused of being too friendly with the industries and not enforcing responsibility for their actions. Soward said that when public health and our environment are jeopardized by the actions of industries, that their actions are inexcusable and unexplainable. Soward said that the TCEQ's job is to protect the health and environment of the citizens of our state. Senator Barrientos asked him about solid waste landfills and if they considered the public's comments regarding their locations. The Chair recognized Senator Deuell for questions. Senator Deuell mentioned small towns and the fines they have to pay and then asked for Soward's comments on lakes and water supply. Over 75% of enforcement problems center around small towns and businesses. Senator Deuell asked about poor advice given by engineering firms that causes companies to be reprimanded by the TCEQ. Soward says the agency can provide the names of engineering firms that have routinely worked with the agency successfully, but does not want it to be a business referral service. Deuell asks about the "dead" area in the Gulf of Mexico. Soward answers and Deuell thanks him. The Chair recognizes Senator Jackson for more questions. Senator Jackson wanted to know the number of employees at TCEQ. Soward answers that it is 3039. TCEQ is the 2nd largest environmental agency in the world next to the federal Environmental Protection Agency. Senator Jackson brings up the article in the paper about how it took seven years for a landfill situation to get a hearing in court. Senator Jackson asks if the agency has become too large to handle small issues and if the legislators should look at disassembling some of its duties to where they can be managed more properly. Soward thinks that when the legislators bring up new programs, they need to work with TCEQ to know whether or not the money and resources are available for it. TCEQ needs a culture and attitude change to be more responsive, effective, and meaningful. Soward believes the size and scope of jurisdiction of the bureaucracy are not as important as the mindset, leadership, and dedication and the presence of real direction from the top to the bottom. Senator Jackson asked about the executive director's resignation. There being no other questions for the nominee to the Texas Commission on Environmental Quality, a motion was passed at 12:50 p.m. by Senator Hinojosa to send Larry Soward to the full Senate. He was confirmed by the committee with 7 ayes and 0 nayes. A motion was passed by Senator Deuell and seconded by Senator Barrientos to move all nominees to the full Senate that are with the following entities: District Attorneys for the 145th and 258th Judicial Districts and Smith County, Judges for the 16th, 48th, 79th 116th, 139th, 189th, 202nd, 228th, 241st, 281st, 288th, 303rd, 334th, 349th, 413th, 415th, 416th, 420th, 421st, and 422nd Judicial District Courts, and Justices for the 1st, 2nd, 3rd, 5th, 10th, 12th, and 14th Courts of Appeals, Chief Justice for the 10th Court of Appeals, Texas Diabetes Council, Statewide Health Coordinating Council, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, Jefferson and Orange County Pilots Board, Emancipation Juneteenth Cultural and Historical Commission, On-Site Wastewater Treatment Research Council, One Call Board, OneStar National Service Commission, Texas Online Authority, and Texas Private Security Board. The motion passed with 7 ayes and 0 nayes. There being no other business, at 12:55 p.m., Chairman Lindsay announced that the committee would stand in recess subject to the call of the Chair. There being no objections, the committee recessed. ____________________________________ _________________________ ___________ Senator Jon Lindsay, Chair April Carroll, Clerk