MINUTES SENATE COMMITTEE ON NOMINATIONS Monday, April 4, 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, April 4, 2005, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jon Lindsay Senator Bob Deuell Senator Gonzalo Barrientos Senator Kevin Eltife Senator Mike Jackson Senator Jane Nelson Senator Eddie Lucio ***** The chair called the meeting to order at 3:45 p.m. There being no quorum present, the following business was transacted: Senator Nelson moved adoption of the minutes from the previous hearing held on March 21, 2005; without objection, it was so ordered. The following members arrived after the roll was called: Senator Bob Deuell, Senator Gonzalo Barrientos and Senator Eddie Lucio, Jr. Chairman Lindsay recognized Senator Kel Seliger who introduced the Honorable Philip W. Johnson, nominee to the Texas Supreme Court. Seliger mentioned Justice Johnson was the first graduate of Texas Tech Law School to serve as a Supreme Court Justice. Seliger yielded to Senator Robert Duncan who added to the introduction. Duncan said he has been waiting quite a while for Johnson to sit on the state's highest court because Johnson is a thoughtful man who understands not only the policies of the law, but also the balances that must exist between the legislative, judicial and executive branches. Senator Duncan also introduced Lubbock resident Nancy Neal, a nominee to the Texas Higher Education Coordinating Board and one of Duncan's constituents. Duncan told the committee that the board will be impressed by Neal's service and creative thinking capabilities. Chairman Lindsay recognized Senator Eliot Shapleigh who introduced Paul Foster, also nominated to the Texas Higher Education Coordinating Board. Shapleigh said he has no hesitation in his recommendation of Foster, owner of Western Refinery and a leader in job recruitment for El Paso. The chair recognized Senator Eltife who called it a big reward to be able to introduce two of the nominees to the Coordinating Board. George McWilliams of Texarkana and A. W. "Whit" Riter from Tyler were offered tongue-in cheek condolences from Eltife, a past board member. Senator Lucio was recognized by the chair to introduce Robert Shepard, a constituent from Harlingen who was reappointed to the Texas Higher Education Coordinating Board. Lucio described Shepard as a man who truly believes every child in Texas deserves a chance at an institution of higher learning. After the introductions were made, Chairman Lindsay recognized the Honorable Philip Johnson who made a few remarks in appreciation of the governor and his staff. He then set out his beliefs about the judiciary- he called it a framework that works when all of its parts work. Johnson outlined the legislative branch's responsibilities- to draft proposals, debate those proposals, add or subtract to or from those proposals, amend the proposals and then enact some of them into law. The role of the judiciary is not to add or to subtract or even add new interpretation. These roles are expressed in the constitution. The chair asked Johnson how he handled being put on the spot by questions concerning his opinions. Johnson replied he always answers that it is imperative to maintain impartiality or the appearance of impartiality, for if a judge pre-commits, it is not good for the system. Chairman Lindsay recognized Senator Barrientos. Barrientos asked Johnson for his comments on separation of church and state. My view is that the First Amendment dealt with it best, said Johnson. Barrientos queried Johnson on government using race as a consideration in dealing with underrepresention of minorities. Johnson said he will abide by the U. S. Supreme Court and uphold the Constitution. Barrientos asked for figures of ethnic breakdown on staff. Johnson replied that out of 59 employees including eight elected judges, four are African-American, including two employees and two elected judges. Excluding judges, none are Hispanics. Barrientos asked if Johnson thought it was fair and equitable; Johnson's answer was that he hoped it would be different. No vote was taken on the nomination of Johnson. Chairman Lindsay recognized Barrientos to introduce Laurens Fish, nominee to the Texas Funeral Service Commission and a fourth generation funeral director. Lindsay asked Fish to describe his responsibilities- Fish said to license and regulate over 1300 funeral homes and 4200 licensees, including crematoriums and cemeteries. Lindsay asked Fish how to stop fraudulent crematory situations like the one that recently occurred in Georgia. Fish said we have better laws regarding punishment of the individuals who attempt to defraud. Fish also described the current licensing process and clarified the funding process. Chairman Lindsay recognized Vice-chair Bob Deuell who asked Fish about changes in the crematory process. Fish stated that jurisdiction was needed for provisions for cremains and definition of disposition of the ashes. Deuell asked for Fish's thoughts on consolidation and whether there were any problems with the sale of businesses or transfer of ownership. The chair recognized Barrientos who questioned Fish about number of employees, number of licenses getting revoked and what constitutes revocation. Fish informed the committee that all revocations and suspensions are voted on by the commission. Barrientos asked if Fish knew about a Sunset bill concerning the commission, Fish answered he was not aware of it. Barrientos asked about prices, sham packaging and possible discrimination in the industry; Fish said every funeral home and licensee is equal and should all be treated the same. Fish described the process of obtaining death certificates, including who must file and when this must occur. Chairman Lindsay asked for a motion, Barrientos so moved. At 4:36, by a vote of 6 ayes to 0 nays, the committee recommended favorably that the nomination of Laurens Fish be sent to the full Senate for confirmation. Chairman Lindsay asked the nominees to the Texas Higher Education Coordinating Board to be seated at the panel and then introduced nominee Laurie Bricker in place of Senator Ellis. Ms. Bricker made some brief remarks about her background in education and her enthusiasm for serving on the board. Chairman Lindsay asked how many members were on the board. Shepard answered that currently there are fifteen members and that by the year 2007, the number will be stairstepped down from eighteen to nine. Barrientos was recognized by the chair to ask Neal what she considered to be the mandate of the board. Neal said to coordinate and direct the higher education needs of the state, assuring access and keeping the quality of education outstanding while maintaining monetary efficiency. Barrientos quizzed Riter and McWilliams over budget and employees figures. Shepard addressed a question regarding salaries and outlined the statutory responsibilities involved for the higher ed group, then asked for an increase in pay for commissioners. Barrientos mentioned his changes to Senator Carona's gift card bill stipulating that a percentage of ensuing revenue to go to higher education. He asked for comments from the board on the top 10% law. McWilliams stated that he does not have an official position. Foster stated that the law's impact on achieving diversity has shown success only at Texas A & M and the University of Texas and not much on the rest of the state's institutions. Bricker said that by strengthening the curriculum at all schools would make the top 10% law more effective. Barrientos charged the board to be an impassioned advocate for all young people. Chairman Lindsay asked for a motion to vote on the members of the coordinating board, Senator Eltife so moved. At 5:02 p.m., the committee voted by 7 ayes and 0 nays to recommend the nominees to the Texas Higher Education Coordinating Board to the full Senate for confirmation. Chairman Lindsay asked for a motion to vote on Justice Philip Johnson's nomination to the Texas Supreme Court, Eltife so moved. At 5:03 p.m. the committee voted by 7 ayes and 0 nays to recommend Johnson for confirmation by the full Senate. Chairman Lindsay asked for a motion to vote on all non-appearing nominees and notified the committee that Cecilia Fierro, nominee to the Texas Board of Occupational Therapy Examiners, would be left pending. Senator Eltife so moved. At 5:05p.m., the nominees from the following entities were approved and sent to the full Senate for confirmation: the Texas Board of Architectural Examiners, the Governing Board for the Texas School for the Blind and Visually Impaired, the Executive Council of Physical Therapy and Occupational Therapy Examiners, the Texas Board of Geoscientists, the Jefferson and Orange County Pilots Board, the Lease Board for the Texas Department of Criminal Justice, the Lower Neches Valley Authority Board of Directors, the Texas State Board of Examiners of Marriage and Physical Therapy Therapists, the TDCJ Advisory Committee on Offenders with Medical and Mental Impairments, the Texas Board of Occupational Therapy Examiners, the Public Counsel for the Office of Public Insurance Counsel, the Sabine River Authority of Texas and the Upper Neches Municipal Water Authority. The vote was 7 ayes to 0 nays. There being no further business, at 5:06 p.m. Senator Lindsay moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. _____________________________ Senator Jon Lindsay, Chair _____________________________ Jazen Wood, Clerk