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.
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Senator Jon Lindsay, Chair April Carroll,
Clerk