MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, February 28, 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 28, 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 2:36 p.m. There being a
quorum present, the following business was transacted:
The following members arrived after the roll was called: Senator
Barrientos at 2:36, Senator Eltife at 2:37 and Senator Lucio at
2:39.
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 Nelson for an introduction.
Senator Nelson introduced the Honorable Geraldine "Tincy"
Miller, chair of the State Board of Education since 2003.
Senator Nelson praised Mrs. Miller for her many years of public
service and dedication to the schoolchildren of Texas and
expressed wholehearted support for her reappointment as chair of
the Board.
Chairman Lindsay recognized Senator Jeff Wentworth. Senator
Wentworth made introductory remarks about his constituent,
Gloria Ann "Gogi" Dickson Ph.D., who could not appear
because she had been subpoenaed for federal jury duty. Dr.
Dickson was reappointed to the Texas Youth Commission. Chairman
Lindsay announced to the committee that a letter from Dr.
Dickson had been distributed to the members explaining her
absence.
The Chair recognized Senator Kel Seliger who introduced two
constituents, Ernest Angelo, appointed to the Public Safety
Commission, and Constable Charles Hall, appointed to the
Commission on Law Enforcement Officer Standards and Education.
Chairman Lindsay recognized Senator Ken Armbrister to introduce
Sheriff Mark Gilliam of Aransas County. Sheriff Gilliam was
appointed to the Commission on Jail Standards.
Chairman Lindsay recognized Senator Juan Hinojosa to introduce
Public Safety Commission re-appointee Commissioner Colleen
McHugh.
The Chair recognized Senator Lucio who introduced his
constituent Carlos Cascos who was appointed to the Public Safety
Commission.
Senator Hinojosa was again recognized by Chairman Lindsay to
comment on both Colleen McHugh and Carlos Cascos.
Chairman Lindsay announced that Senator Robert Duncan sent his
regrets at not being able to introduce his constituent and
reappointee to the Texas Youth Commission, Commissioner Don
Bethel. Senator Nelson was then recognized to introduce Mr.
Bethel. Nelson informed the committee that Senator Duncan told
her there was no one more qualified for the post than
Commissioner Bethel.
The Chair recognized Senator Troy Fraser who seconded the
nomination of Bethel. Fraser then introduced his two
constituents Betty Harper- Murphy and Stanley Egger. Ms.
Harper-Murphy was appointed to the Texas Commission on Law
Enforcement Officer Standards and Education, Egger was appointed
to the Commission on Jail Standards.
Chairman Lindsay recognized the Honorable Geraldine "Tincy"
Miller, Chair of the State Board of Education. Mrs. Miller made
opening remarks about her background and her desire to do what
is in the best interest of all of the children in Texas.
Senator Nelson was recognized by Chairman Lindsay for questions.
Nelson asked Miller her thoughts concerning the rise in textbook
errors and possible solutions to the problem. Miller explained
that the panel selected to read textbooks used to consider it
quite an honor to read and check for factual errors but that a
change in the law directed them to check for factual errors by
only reading certain parts, not reading for content. Therefore,
there is no authority over content.
Senator Nelson asked her for her thoughts on doing away with
state adoption altogether and allowing individual school
districts to decide on their books. Miller stressed the
difficulty of catching errors and offered an example to the
committee of a textbook's account of the United States assault
on Omaha Beach during World War II and how the historical
significance of the event was compromised because of
discrepancies in the factual material presented. The Board
enlisted the help from five New York publishers to make the
corrections and preserve a true accounting of that important
occasion. Miller warned the committee that if the state loses
the ability to correct, we could lose a part of history.
Chairman Lindsay recognized Senator Florence Shapiro to
introduce William Mahomes who was appointed to the Texas Youth
Commission. Senator Shapiro also made supportive remarks about
Commissioner Colleen McHugh.
The chair recognized Vice-Chairmen Deuell who commented briefly
about his tenure on the Greenville School Board. Vice-Chairman
Deuell offered Miller his wholehearted support.
Chairman Lindsay recognized Senator Barrientos who commended
Miller. Barrientos made a request for the committee to leave
Miller's nomination pending for a short period of time so that
he, Senator Eliot Shapleigh, Senator Mario Gallegos and Senator
Lucio could meet with her. Barrientos said she would not need to
return to committee. Chairman Lindsay said Miller had upcoming
scheduling conflicts and asked Barrientos if they could meet
with her through phone conversations. The chair said he had no
problem with Barrientos' request. Chairman Lindsay did not have
any questions for Miller. Miller's nomination was left pending
by the committee.
Chairman Lindsay recognized the panel of nominees to the
Commission on Jail Standards and invited them to the table. The
chair recognized Senator Barrientos to introduce Albert Black,
then Chairman Lindsay introduced his constituent Dr. Michael
Seale. Chairman Lindsay asked Dr. Seale about the issue of
mental health and HB 1's charge to study mechanisms for
evaluation and treatment. Dr. Seale replied that jail is now the
last resort for treatment because fewer community services are
available. Lindsay asked how many jails were experiencing
diffficulties; Sheriff Gilliam said he didn't know of any that
were not.
Senator Barrientos was recognized by the chair. Barrientos asked
Dr. Seale what he felt was the biggest challenge facing the
commission. Seale's reply was to provide proper standards.
Barrientos asked Seale to explain the ABCs of the commission.
Seale answered their charge is to make the rules, provide
standards and enforce them. Barrientos asked Albert Black for a
figure on the budget, Black replied he was not sure, he had just
received it today and had not had time to study it. Barrientos
requested that the Governor's office do a better job of
providing information to nominees. Black said their office had
provided him with a very nice packet. Barrientos asked Stanley
Egger if he felt that pay raises were needed. Egger commented
that the current backlog in jails created an urgency for regular
inspections done in a timely manner. Barrientos encouraged the
panel to advocate for their employees and to provide the Senate
Finance committee an accurate assessment of their needs
regarding pay and number of employees.
Senator Barrientos made a statement and asked them to comment if
they wanted. He asked them to not place non-violent criminals in
with violent ones, but instead keep and rehabilitate them
locally.
There being no quorum at 2:56 p.m., no vote was taken on the
nominees to the Commission on Jail Standards.
Chairman Lindsay recognized Ernest Angelo, Colleen McHugh and
Carlos Cascos of the Public Safety Commission. They each made a
few brief comments about how perceived their responsibilities as
a commissioner. Lindsay asked them what setting policy means to
them. Commissioner McHugh said it means setting priorities and
gave the following examples: the budget, homeland security and
anti-terrorism, attracting more commissioned and
non-commissioned personnel, increasing pay, narcotics
intervention and security of the state.
Chairman Lindsay asked McHugh about crime labs. McHugh replied
that we have 13 backlogged forensic labs all over the state and
need more FTEs to process them.
Senator Barrientos was recognized to question the panel. He
asked Commissioner Angelo to give him figures on the budget.
Angelo answered $424 million plus, Commissioner Cascos added
that there are 7,000 FTEs. Barrientos asked McHugh if the Austin
Police Department paid better than the DPS and the answer was
yes. Commissioner McHugh publicly thanked Barrientos for his
support. Barrientos questioned them on communication problems
between DPS and local police linked to the use of different
frequencies, the narcotics trade and their handling of
non-documented illegal aliens. McHugh said that the DPS cannot
arrest a person solely on the basis of an illegal alien
status-that is up to the Federal government. Barrientos asked if
the feds were giving the DPS enough money to deal with the
non-documented; McHugh was unsure of the figure but said she
would provide it to the committee.
Senator Barrientos asked a question for Senator Lucio about the
retire-rehire program and its current policy of permitting
retired officers to reapply but come in at the lower end of the
salary scale. Commissioner McHugh answered that this policy may
expire in August of 2005; if so, it is up to the will of the
legislature. Barrientos asked Commissioner Angelo how many Texas
Rangers there are in Texas. Angelo said over 100 and Cascos
pinpointed the number at 117.
Senator Barrientos encouraged the commissioners to go out and
ride with the troopers to get a clear understanding of what
problems exist.
There being no quorum at 3:55 p.m., no vote was taken on the
nomination of Angelo, McHugh and Cascos to the Public Safety
Commission.
The Chair recognized Senator Eltife to introduce Chief Gary
Swindle, nominee to the Texas Commission on Law Enforcement
Officer Standards and Education (TCLEOSE). Swindle is a
constituent of Senator Todd Staples, however, Staples was unable
to introduce him because of a conflicting hearing. Senator
Eltife and Chief Swindle knew each other well, Eltife was the
mayor of Tyler while Chief Swindle was chief of police. Eltife
called hiring Swindle the best thing he did as mayor.
Chairman Lindsay introduced Romulo Chavez, also appointed to
TCLEOSE and a thirty year veteran of the Houston Police
Department. Constable Charles Hall and Mrs. Betty Harper-Murphy
joined Swindle and Chavez to answer questions. Chairman Lindsay
asked for brief comments. Swindle began with his foremost
concern-a lot of unfunded mandates which included training. He
informed the committee that TCLEOSE put their training out on
the internet. Hall and Harper-Murphy commented about their 11
months on the Commission as quite a learning experience.
Senator Lindsay recognized several witnesses who were registered
but not testifying.
There being no quorum at 4:03 p.m., no vote was taken.
Chairman Lindsay recognized Commissioners Don Bethel and William
Mahomes, nominees to the Texas Youth Commission, and asked for
comments on the drug problems facing the young people served by
the commission. Bethel said drugs were not the main issue-their
biggest concern is that 46% of the children in the Youth
Commission faced mental health problems.
There being no quorum at 4:09 p.m., no vote was taken.
Chairman Lindsay asked that the committee stand in recess until
a quorum was established.
A quorum was established at 4:30 p.m. Senator Eltife moved that
a vote be taken on the nominees to the Public Safety Commission.
The committee voted 7 ayes to 0 nays that they be confirmed and
recommended to the full Senate for confirmation.
Senator Eltife moved that the nominees to TCLEOSE be voted upon.
At 4:31 p.m., the committee voted by 7 ayes to 0 nays to
recommend the nominees to the full Senate for confirmation.
A motion was made to vote on the nominees to the Commission on
Jail Standards. At 4:32 p.m.
Chairman Lindsay announced that the nominees to the Commission
on Jail Standards would be left pending in committee.
At 4:33 p.m., a motion was made to vote on the nominees to all
the non-appearing entities. The committee voted 7 ayes to 0 nays
to recommend nominees from the following boards and commissions
to the full Senate for confirmation: the 234th Judicial District
Court, the Texas Commission on the Arts, the Commission on State
Emergency Communications, the Office of Rural and County
Affairs, the State Bar of Texas Board of Directors and the Risk
Management Board for the State Office of Risk Management.
At 4:34 p.m., there being no more business, the Senate
Nominations committee recessed subject to the call of the chair.
_______________________________________
Senator Jon Lindsay, Chair
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Jazen Wood, Clerk