MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, February 21, 2005
2:00 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 21, 2005, 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 Mike Jackson
Senator Eddie Lucio, Jr.
Senator Jane Nelson
*****
The chair called the meeting to order at 2:15 p.m. There being
a quorum present, the following business was transacted:
The following members arrived after the roll was called:
Senator Eltife at 2:16, Senator Jackson at 2:19 and Senator
Barrientos at 2:25.
Senator Lindsay moved adoption of the minutes from the previous
hearing; without objection, it was so ordered.
Chairman Lindsay announced to the committee that, because of
time constraints, introductions of the appearing nominees by
their respective Senators would occur as the Senators were
available.
Chairman Lindsay recognized Senator Tommy Williams. Senator
Williams introduced his constituent, the Honorable Henry Hollis
Horton, III, appointed to serve as Justice of the 9th
Court of Appeals, Beaumont.
Chairman Lindsay recognized Senator Lucio who introduced his
constituent, Judge J. Rolando Olvera, appointed to the Texas
Lottery Commission (TLC).
Chairman Lindsay recognized Senator Kel Seliger. Senator Seliger
introduced his constituents Jose Cuevas, nominee to the Texas
Alcoholic Beverage Commission (TABC) and Victor Leal, nominee to
the Texas Building and Procurement Commission (TBPC).
The Chair recognized Senator Florence Shapiro to introduce her
constituent Brenda Pejovich, chair of the Texas Building and
Procurement Commission.
Chairman Lindsay recognized the Honorable H. Hollis Horton and
asked him his thoughts on the 9th Court of Appeals. Judge Horton
said historically, it has been a three judge court but on
January 1st, 2005, it became a four judge court. He also said he
understood the talk is to take out Angelina county. Chairman
Lindsay asked him if it was logical to put Montgomery county in
the 1st or 14th; Judge Horton replied that Montgomery and
Jefferson counties were the two largest counties with Montgomery
county handling 20-30 percent of the case load, so it would
depend upon the case loads. Chairman Lindsay asked if Horton
anticipated any problems with the system, Horton answered that
the three man panel was randomly drawn out of the four man pool
and so far it has worked out well.
The Chair recognized Senator Barrientos. Senator Barrientos
asked Judge Horton if he was able to travel and Horton replied
he had been to Jasper and Montgomery counties since Jan. 1.
Senator Barrientos asked if the case load was a problem, Horton
said with the addition of this position they should not have to
transfer any cases out. Barrientos asked Judge Horton his views
on non-partisan elections of judges and Horton replied that
partisanship and fundraising were inherent problems and it would
be ideal if we did not require partisan elections. Judge Horton
also advised the committee that his court would not hear
abortion cases since they were under federal jurisdiction and
that the vast majority of his appellate cases were criminal.
Senator Barrientos questioned him about his stock holdings in
Walmart de Mexico and Abercrombie and Fitch to which Horton
replied his stock in Walmart de Mexico was the result of a
spin-off from Walmart and that he has disposed of the vast
majority of his stocks.
Chairman Lindsay recognized Senator Nelson who asked Horton
about other ways to attract judges to the bench besides
increasing their pay. Judge Horton said that legislation to
decrease the amount of time consuming reporting of campaign
contributions would help.
Chairman Lindsay asked for a motion and Senator Nelson moved
that a vote be taken. At 2:45 p.m. the committee voted by 7 ayes
to 0 nays to recommend Judge Horton be confirmed by the full
Senate.
Chairmen Lindsay recognized Senator Wentworth. Senator Wentworth
introduced John Steen who was reappointed to the Texas Alcoholic
Beverage Commission.
Chairman Lindsay recognized the Honorable J. Rolando Olvera, a
former state district judge and commissioner of the Texas
Lottery Commission. The Chair asked Olvera whether he took a
position on eight-liners and whether the Lottery Commission
could oversee video lottery terminals (VLTs). Judge Olvera
replied as commissioner, he was not here to take a position but
felt confident that the staff could handle VLTs. He informed the
committee that eight-liners were not within the scope of the
TLC.
Chairman Lindsay recognized Senator Nelson who asked Judge
Olvera how he saw the role of a commissioner. Olvera's reply was
that he saw their role as not to legislate or advocate, but to
regulate. Senator Nelson asked about the cost of regulation.
Olvera said the TLC never contracted with the Las Vegas firm for
their expertise; Nelson expressed concern that the commission
lacked expertise if they were trying to recruit help from Nevada
and that she was uncomfortable giving the TLC gaming oversight.
The Chair recognized Senator Barrientos who asked about the
commission's budget. Olvera said it was around $185 million with
the lottery accounting for $183 million and bingo bringing in
$2.5 million. Senator Barrientos asked if we should regulate
and tax extra-curricular gambling, Olvera answered that most
were illegal so we could not legally regulate and tax because of
loopholes in the penal code. Senator Barrientos posed a
hypothetical question about whether a non-citizen could win the
lottery if they could not furnish an address, Olvera said that
holding the winning ticket was all that was necessary for
someone to prove they won. Judge Olvera added that the bingo
industry was suffering because of a 25 year old Bingo Enabling
Act that prohibits competition and informed the committee that a
legislative act is necessary to change the situation. He
mentioned a series of recommendations that the TLC has regarding
bingo; Senator Barrientos asked him for a copy of these
recommendations.
Chairman Lindsay asked if it was difficult to conduct business
if they must always meet in an open forum as a three member
commission. Judge Olvera said he thought if it ain't broke,
don't fix it.
Chairman Lindsay recognized witnesses for Judge Olvera who were
registered but not testifying.
At 3:17 p .m, there being no quorum, no vote was taken on the
nomination of Judge Olvera.
The Chair recognized the nominees to the Texas Alcoholic
Beverage Commission, John Steen and Jose Cuevas and asked them
if they had any problems because of the open meeting
requirement. Steen said it was difficult because they were
always forced to go through staff which was sometimes very
unproductive. He added that an executive session was an awkward
way to do business. Cuevas said it was difficult, not
impossible, to conduct business but added that a five member
board would allow them to talk to each other.
Chairman Lindsay recognized Senator Barrientos who asked the
nominees about the budget.
Steen quoted the budget at $30 million with 580 FTEs. Cuevas
said they were short by 119 FTEs
according to Sunset recommendations.
Chairman Lindsay asked for a clarification on whether it would
require a legislative act to change the rules on after hours
consumption.
At 3:35 p. m., there being no quorum, no vote was taken on the
nominees to the Texas Alcoholic Beverage Commission.
Chairman Lindsay recognized the nominees to the Texas Building
and Procurement Commission. He began by introducing
Commissioners James Duncan and Victor Leal and recognized
Senator Ken Armbrister to introduce Commissioner Betty Reinbeck.
Chair Brenda Pejovich had been previously introduced by Senator
Shapiro.
Chairman Lindsay recognized Senator Barrientos who asked about
the budget for TBPC and how well they get along with other
agencies. Commissioner Duncan's reply was that the budget was
$47.6 million with 375 FTEs and 213 contract employees. He said
that not everyone was happy with them because they were in the
position as landlord but they were focusing on being a client
agency servicer. Senator Barrientos asked Chairwoman Pejovich
about HUBs. Pejovich answered saying the contract gave them the
access role to administer, audit and report to the state. She
informed the committee that the disparity study was funded with
emergency appropriations. Commissioner Leal said the
commission's charge was always to do better and Commissioner
Reinbeck answered that the challenge was to get and keep the
best workforce.
Senator Barrientos asked about the state funded daycare that was
under the watch of the TBPC and that lost $20,000 of parents'
money. Pejovich said their advisory committee's proposal for a
new provider is due next month. Leal said perhaps they were not
the best suited to handle the daycare and suggested another
agency might be better equipped. Senator Barrientos asked the
panel of nominees to do some research and provide their results
in writing to the committee.
Chairman Lindsay asked for a motion and Senator Barrientos moved
that a vote be taken on all the appearing nominees. At 4:01 p.m.
by a vote of 7 ayes to 0 nays, all appearing nominees were
passed through for full confirmation by the Senate.
Senator Jackson moved to vote on all non-appearing nominees. At
4:04 p. m., all nominees from the following entities were
recommended for full confirmation by Senate: Judge of the 224th
Judicial District, Presiding Judges from the Sixth, Ninth, First
and Fourth Administrative Judicial Regions, the Texas State
Board of Dietitians, The State Board of Medical Examiners,
District Two Review Committee, the Texas Board of Licensure for
Professional Medical Physicists, the State Pension Review Board,
the Polygraph Examiners Board, the Texas State Board of
Examiners of Psychologists, the Texas Council on Purchasing From
People with Disabilities and the Texas State Board of Social
Worker Examiners.
There being no more business, Chairman Lindsay recessed the
committee subject to the call of the chair.
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Senator Jon Lindsay, Chair
Jazen Wood, Clerk