SENATE COMMITTEE ON NOMINATIONS 
                               Monday, April 11, 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 11, 2005, in the Capitol Extension,  
         Room E1.016, at Austin, Texas. 
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jon Lindsay                     Senator Mike Jackson 
         Senator Bob Deuell                                                                  
         Senator Eddie Lucio 
         Senator Gonzalo Barrientos                                                 
         Senator Kevin Eltife 
         Senator Jane Nelson 
         The chair called the meeting to order at 4:03 p.m. without a  
         quorum present, and the following business was transacted:  
         Chairman Lindsay explained that the introductions would be made  
         by the Senators as they became available and asked that the  
         nominees make a few brief remarks about themselves. 
         Chairman Lindsay asked the nominees to the Texas Tech University  
         System Board of Regents to come forward and told the committee  
         that Senator Troy Fraser apologized for not being able to  
         introduce Scott Deuser but wanted the committee to know Deuser  
         was a good guy.   
         The Chair recognized Senator Robert Duncan to introduce Mark  
         Griffin and Windy Sitton. Duncan made very complimentary remarks  
         about both his constituents. 
         Dan Serna and Larry Anders briefly introduced themselves.  
         Chairman Lindsay recognized Senator Florence Shapiro who entered  
         the hearing room to say a few words on behalf of her constituent  
         Larry Anders. Senator Duncan recognized Mark griffin's wife  
         Claudia and daughter Lauren. Dr. Bob Stafford, Frank Miller and  
         Rick Francis followed with self-introductions. 
         Chairman Lindsay announced that he had no questions for the  
         panel, then recognized Senator Barrientos. Barrientos said there  
         are problems in education and asked for their thoughts on  
         possible solutions. Francis said that as regents, they will work  
         in partnership moving toward the goals but believed they still  
         needed to consider full formula funding. Windy Sitton added  
         that, at Texas Tech, they also need research dollars to become a  
         Tier One institution.  
         The Chair recognized Senator Kel Seliger to introduce Dr.  
         Stafford and Senator Eliot Shapleigh to introduce Rick Francis. 
         Chairman Lindsay again recognized Barrientos who agreed we need  
         more top tier institutions and asked for ideas to make it  
         better. Mark Griffin told the committee that, speaking from a  
         public school standpoint, he felt that there are three main  
         goals at the Tech system: commitment to make tuition more  
         affordable, importance of research dollars and, because of their  
         location and commitment to rural areas, the ability to take  
         education to the people if the people cannot come to them.  
         Griffin also said that deregulation might price the middle class  
         families out of a college education for their children. 
         Barrientos commended Griffin on his answer and said he had voted  
         against deregulation and would vote against it again if  
         Chairman Lindsay excused Francis and Miller from the hearing  
         then recognized Barrientos. Barrientos continued delving into  
         tuition deregulation. Stafford remarked that tuition dollars  
         must come from somewhere and that formula funding is important  
         because the average annual income of Tech students is around  
         $60,000 compared to over $100,000 for UT and A & M. 
         Anders echoed Stafford, then added that he recognized the  
         dangerous pattern of tuition deregulation but for the short-term  
         it was the only way to overcome deficits. He told the committee  
         that they had reluctantly just raised tuition by 4.9% and  
         stressed that they must look at other means of funding. 
         The Chair recognized Dan Serna who gave the perspective that  
         financing is a partnership and in order to compete for the best  
         and brightest, we need to develop cooperative and collaborative  
         cross-systems to entice federal and corporate funding. 
         Chairman Lindsay recognized Barrientos who asked Serna about  
         minority representation at Tech. Serna said Tech has a minority  
         percentage  of 15-16% and that an aggressive attempt was being  
         made to mirror the population of the state. Barrientos asked the  
         panel how the minority figure breaks down, citing a study saying  
         that Texas Tech has the largest percentage of white students of  
         any school in Texas. Stafford replied that they were on an  
         upward trend making small strides in the right direction.  
         Barrientos asked for their thoughts on the top 10% law. Deuser  
         said the top 10% rule has been very positive for them. Anders  
         added that it has been beneficial to Tech but that a more  
         wholistic approach needs to be taken. Serna came back with the  
         minority percentage figure of 16.5% or 4600 students. Of those,  
         3000 are Hispanic. Barrientos asked Serna to research and report  
         back to the committee office the number of Texan Hispanic. 
         At 4:41 p.m., Chairman Lindsay announced that a quorum was  
         present. Roll was called and at 4:42 p.m., the minutes from the  
         previous meeting were adopted. 
         Chairman Lindsay recognized Senator Nelson who spoke highly  
         about Serna and thanked all the nominees for their service. 
         The Chair recognized Senator Barrientos who questioned the  
         regents on the salary figures for the Texas Tech football and  
         basketball coaches and cautioned them to look at these salaries  
         to see what is important at Tech. 
         Serna offered information about the ethnic breakdown of the  
         employee figures at Tech- out of roughly 10,400 FTEs, 24% are  
         Hispanic, 3.5% are African American and 5% are of other origin. 
         Barrientos said that in order to have top tier education, we  
         have to put out the dollars. 
         Chairman Lindsay asked the panel how many hours they considered  
         for flat rate tuition which is 15. Lindsay asked what percentage  
         of out- of- state students are enrolled at Tech. Stafford  
         answered 11%., noting a tuition arrangement that the university  
         has with New Mexico counties adjoining Texas. 
         Lindsay commented to the committee that the top 10% rule affects  
         different universities in different ways. Deuser echoed the  
         benefits to Texas Tech in terms of getting higher level  
         students; Sitton added that the rule also helps attract a more  
         diverse group of students. 
         Vice-chairman Deuell moved that a vote be taken on the nominees  
         to the Texas Tech University System Board of Regents. At 4:51  
         p.m., the committee voted by 7 ayes to 0 nays to recommend them  
         to the full Senate for confirmation. 
         Chairman Lindsay informed the committee that Terissa Johnson, a  
         nominee to the State Board of Barber Examiners had a prior  
         commitment and could not appear at the hearing. Barrientos  
         requested Ms. Johnson to appear at the earliest convenience. 
         Chairman Lindsay recognized Senator Eltife to introduce his  
         constituent and nominee to the State Board of Barber Examiners,  
         Mary Lou Daughtrey. Lindsay told the committee that Senator  
         Janek had sent his best to the next board nominee, James  
         Dickerson, then proceeded with questions regarding the duties of  
         the Barber Examiners. Dickerson said the protection of the  
         public's health and safety as well as compliance with sanitation  
         laws and license requirements were the main concerns of the  
         The Chair recognized Barrientos who asked about their thoughts  
         concerning the merging of the barber and cosmetology boards and  
         whether they had received any negative comments on the merger  
         and subsequent placement under the umbrella of the Texas  
         Departmant of Licensing and Regulation (TDLR). Dickerson said  
         that they had not received any negative feedback and that the  
         TDLR could possibly be able to give the exams in other cities  
         besides Austin. 
         Barrientos quizzed Daughtrey on the number of barber licensees  
         in Texas and she answered 13,000. Daughtrey was then asked for  
         the number of licenses pulled in the last 20 years to which she  
         replied that there were approximately 400 violations per year  
         but could not give actual number of licenses pulled. She said  
         she would provide that information to the committee. Barrientos  
         asked Dickerson what the charge is for a barber license.  
         Dickerson was not quite sure but was provided the correct figure  
         of $96 by Glenn Parker, Executive Director of the State Board of  
         Barber Examiners. Dickerson noted that their biggest problem was  
         with people operating without a license which accounts for about  
         80-90% of the 400 yearly violations. Daughtrey told the  
         committee that their budget was $614,676 and Dickerson informed  
         the committee that their thirteen employees were very deserving  
         of a pay raise. 
         There being no quorum present and no further business, at 5:07  
         p.m., Chairman Lindsay announced that the vote would be taken at  
         his desk on Tuesday and moved that the Committee stand recessed  
         subject to the call of the chair. Without objection, it was so  
         Senator Jon Lindsay, Chair 
         Jazen Wood, Clerk