MINUTES SENATE COMMITTEE ON NOMINATIONS Monday, May 23, 2005 10:30 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 Monday, May 23, 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 10:35 a.m. There being no quorum present, the following business was transacted: Chairman Lindsay recognized Senator Todd Staples to introduce his constituent Robert Lee Nichols, nominee to the Texas Transportation Commission. The chair asked the other two commissioners to introduce themselves. Hope Andrada and Ted Houghton both said a few remarks. Chairman Lindsay recognized Senator Lucio who told the nominees he wants to hear where they are going concerning needs in resources, transportation and infrastructure. The chair recognized Senator Eliot Shapleigh who made further introductory remarks regarding his constituent Ted Houghton. Senator Lucio continued addressing the nominees. Nichols told the committee that the atmosphere is extremely positive now that the legislature has put into place a significant tool for expansion. Andrade said that she felt that it is important to educate communities and has spent her time as commissioner visiting and listening to communities all over Texas. Houghton stressed that Mexico is our ally and that trade quarters are shifting from California over through Texas to Mexico and up through Texas, with Dallas and Houston playing a huge role in the shift. Lucio asked whether we are receiving 90% of funds back from the federal government. Nichols replied that our takedown is currently around 85-86% of every dollar we send to Washington. Lucio emphasized the importance of leveraging in order to build tomorrow's roads at today's prices. At 10:50 a.m. a quorum was present and the following business was transacted: Chairman Lindsay moved adoption of the minutes from the previous hearings held on May 16, 2005, May 17, 2005, and May 18, 2005; without objection, it was so ordered. The Chair recognized Senator Nelson who told the commission members that transportation was the number one most important issue to her constituents. Chairman Lindsay recognized Senator Eltife who asked that when the commission holds a meeting, that those people who drove from far away to attend be moved to the top of the agenda as a matter of courtesy. Eltife added that it is a bad reflection on the state when those people end up being on the bottom of the agenda. The chair recognized Senator Barrientos who, before leaving the committee, requested that the members of the Texas Transportation Commission be brought back after the adjournment of the Senate. Chairman Lindsay said he was not inclined to keep them there, Vice-Chair Deuell said that the nominees' presence at the hearing happened for a reason. Nelson added that the Senate might be close to a filibuster and that might not be fair to keep the nominees. Lucio said out of respect for Barrientos' request he would be shown as present not voting if a vote was taken. Chairman Lindsay asked for a motion, Eltife so moved and at 11:00 a.m., the committee voted by 5 ayes, 0 nays, 1 present not voting and 1 absent to recommend Robert Lee Nichols, Esperanza Aldrada, and Ted Houghton, nominees to the Texas Transportation Commission, to the full Senate for confirmation. Chairman Lindsay asked the Honorable Rex Baker to come forward and announced that Judge Baker had provided the committee members with his written response to written testimony from the previous Nominations committee hearing. Senator Nelson moved that a vote be taken on the nomination of the Honorable Rex Baker to the State Commission on Judicial Conduct. At 11:01 a.m., by a vote of 6 ayes, 0 nays, and 1 absent the committee recommended the nominee to the full Senate for confirmation. Senators Jackson and Lucio asked to be shown voting aye. Senator Nelson moved that a vote be taken on the nominees to the Texas Residential Construction Commission. At 11:02 a.m., by a vote of 6 ayes, 0 nays, and 1 absent, the committee voted to recommend Lewis Brown, John Klugh, and Scott Porter to the full Senate for confirmation. Senators Jackson and Lucio asked to be shown voting aye. There being no further business, at 11:03 a.m. Senator Lindsay moved that the Committee be adjourned. Without objection, it was so ordered. _____________________________ Senator Jon Lindsay, Chair _____________________________ Jazen Wood, Clerk