MINUTES SENATE COMMITTEE ON NOMINATIONS Monday, March 7, 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, March 7, 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 2:27 p.m. There being no quorum present, the following introductions were made: The following members arrived after the roll was called: Senator Barrientos at 2:36 p.m., Senator Lucio at 2:38 p.m. and Senator Nelson at 2:39 p.m. Chairman Lindsay announced to the committee that because of conflicting schedules, introductions of nominees by their respective Senators would be made as the Senators were available. He recognized Senator Troy Fraser who made the following introductions: Ida Carter, Lucy Cavazos, Clay Nettleship, Woody McCasland and Skipper Wallace, all nominees to the Lower Colorado River Authority (LCRA). Chairman Lindsay recognized Senator Kel Seliger to introduce James Herring, Seliger's constituent and nominee to the Water Development Board. At 2:34 p. m. roll was called, a quorum was present and the following business was transacted: Senator Eltife moved adoption of the minutes from the previous hearing; without objection, at 2:37 p.m., it was so ordered. Chairman Lindsay announced that the committee would take up pending business from the previous hearing. At 2:38 p.m. the committee voted by 5 ayes, 1 present not voting and 1 absent to recommend the nominees to the Commission on Jail Standards to the full Senate for confirmation. Chairman Lindsay recognized Senator Jeff Wentworth. Senator Wentworth introduced Justice Wallace Jefferson, appointed as chief justice to the Texas Supreme Court. Chairman Lindsay introduced the second nominee to the Texas Supreme Court, Justice David Medina. Both Justices gave brief remarks about themselves. The Chair recognized Senator Barrientos who asked Justice Jefferson his thoughts on reforming judicial selection in Texas. Jefferson responded, saying he had spoken to Justices Hill and Phillips and was planning to conduct a study on how the rest of the country was approaching this issue. Jefferson said that compensation does need to be increased but that, even with this caveat, we have a great system in Texas. Senator Barrientos referred to Justice Medina and himself as BOIs and asked Medina to explain that to the committee. BOI means born on island, offered Medina. Barrientos asked Medina what cases he had argued for Cooper Industries. Medina replied that they were mass tort cases- toxic tort and environmental litigation. He explained that Cooper Industries is a manufacturing company that manufactures many different products from lighting products to generators, adding that Cooper Industries owns right to the name Thomas Alva Edison. Barrientos asked how the state was doing in regard to air quality and other environmental issues. Medina answered that in many counties, such as Harris, we are not doing as well as we should. He noted that Cooper Industries did not contribute to any air pollution. Barrientos asked Jefferson what he thought was the most important judicial decision. Jefferson answered "Marbury vs. Madison" a decision that gave the judiciary the right to judicial review. Barrientos referred to a "60 Minutes" episode that alleged that the Supreme Court in Texas was for sale and asked Jefferson for his thoughts on the matter. Jefferson's response was that the television show aired when he was still in law school and that he felt that, today, the justices sitting on the Texas Supreme Court possessed the greatest intellect and the highest integrity of anyone he has ever known. Barrientos questioned Medina about separation of church and state and Jefferson about the basics of the state of Kentucky and the U. S. Supreme Court decisions on the ten commandments. Barrientos asked Medina and Jefferson if the government has any legitimate reason to use race as a consideration for under-representation. Both justices replied that as jurists they would uphold the laws of the United States. Chairman Lindsay recognized Vice-chairman Deuell who asked both men if there was anything in the Texas constitution that mentions separation of church and state and the answer was no. Senator Lucio was recognized by the chair to ask Jefferson about campaign reform and if Jefferson favored partisanship over non- partisanship elections. Jefferson replied that he would not take a position on this issue during this session, that there is a wider variety of issues that need more time to review. Lucio posed the same question to Medina who said he thought the current system works fine and provides for checks and balances. Lucio then asked both justices if their staffs would be sensitive to contributions from companies who have cases before their court and their reply was affirmative. Lucio asked Jefferson and Medina to work with the Senate to bring some resemblance of order to the situation. Chairman Lindsay recognized Senator Nelson who agreed with Jefferson about liking elected judges and about the need to pay them a higher salary. She questioned Jefferson about what, besides pay, would be an incentive for judges to remain working in Texas. Jefferson replied that higher technology would be an attractive incentive. The chair recognized Senator Mario Gallegos who said that Senators Barrientos and Lucio had already asked the questions he wanted answered and that he also wanted to congratulate his good friend David Medina. Senator Nelson moved that a vote be taken on the Supreme Court Justice nominees. At 3:10 p.m., by a vote of 6 ayes, 0 nays and 1 absent, the nominees were passed on to the full Senate for confirmation. Chairman Lindsay recognized the nominees to the Water Development Board, James Herring and Jack Hunt, then informed the committee that Mr. Hunt could not appear before the committee because of medical reasons. The chair recognized Senator Barrientos who asked Herring if he was related to Charles Herring. The answer was no. The chair asked for a motion. Senator Eltife so moved and at 3:15 p.m., by a vote of 7 ayes and 0 nays, the committee recommended Herring and Hunt to the full Senate for confirmation. Chairman Lindsay recognized Senator Ken Armbrister to introduce the following nominees to the LCRA: Katura Carlton, Linda Raun, Walter Garrett and John Dickerson. The chair asked the five members who had served a year or more to sit in the front and answer questions. The chair asked first, if they would make any changes to the LCRA, and second, to identify what they considered as the main problems. Garrett said that the availability of water is the biggest issue. Chairman Lindsay recognized Barrientos who said the growth in the Hill Country was going to occur whether or not the LCRA provides water and then asked if the LCRA would provide the water. Nettleship replied that their mission is to be the lowest cost utility provider, adding that they were not land use regulators but land use providers. Barrientos stated that because the LCRA offers the best vehicle for responsible water provision he was filing a bill to give the LCRA more tools and options. At 3: 30 p.m., Senator Eltife moved that a vote be taken on nominees to the LCRA. By a vote of 7 ayes and 0 nays, the nominees were recommended to the full Senate for confirmation. At 3: 31 p.m. a vote was taken on the nominees from the following non-appearing entities: the Second Administrative Judicial Region, the District Attorney for the 31st Judicial District,, the Board of Nurse Examiners, the Texas State Board of Pharmacy, and the School Land Board. By 7 ayes and 0 nays they were passed on to the full Senate for confirmation. At 3:40 p.m., there being no more business, the Senate Nominations committee recessed subject to the call of the chair. _______________________________________ Senator Jon Lindsay, Chair _______________________________________ Jazen Wood, Clerk