MINUTES 
                                           
                          SENATE COMMITTEE ON NOMINATIONS 
                                Monday, May 2, 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, May 2, 2005, in the Capitol Extension, Room  
         E1.016, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jon Lindsay                     Senator Eddie Lucio, Jr. 
         Senator Bob Deuell                      Senator Jane Nelson 
         Senator Gonzalo Barrientos 
         Senator Kevin Eltife 
         Senator Mike Jackson 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 6:15 p.m.  There being  
         no quorum present, the following business was transacted:   
          
         The following member arrived after the roll was called: Senator  
         Barrientos. 
          
         Chairman Lindsay announced that, because the committee was so  
         late getting started, there would be no extensive introductions  
         and that his plan was to vote out the Health and Human Services  
         Council and then take a vote on all the non-appearing. He told  
         the committee that Senator Barrientos would come in later with  
         questions for the nominees to the Human Rights Commission.  
          
         Chairman Lindsay announced that it was his intention to change  
         the meeting time to 11:00 a.m. Monday to prevent future  
         conflicts. 
          
         The chair informed the committee that Robert Valadez, nominee to  
         the Health and Human Services Council, was excused from  
         appearing and a copy of Mr. Valadez's letter was in each  
         member's binder. Chairman Lindsay then recognized the nominees  
         to the Health and Human Services Council: Kathleen O Angel,  
         Sharon Janel Barnes, Mi Yun "Maryann" Choi, M. D., Manson B.  
         Johnson, Jerry Kane, Leon J. Leach, Ronald Luke, Ph.D., J.D. 
          
         Chairman Lindsay then recognized the nominees to the Human  
         Rights Commission who were present, Thomas Anderson, Jose de  
         Santiago and Anwar Khalifa. The chair informed the members that  
  
         letters had been submitted by Patricia V. Mares Asip, Shara  
         Michalka and Nila T. Wipf, and added that John Hamice James had  
         been present, but had to leave to catch the last flight home. 
          
         At 6:28 p.m. a quorum was established. Senator Jackson moved  
         adoption of the minutes from the previous hearings held on April  
         25, 2005, and April 26, 2005; without objection, it was so  
         ordered.      
          
         Chairman Lindsay asked for a motion on the nominees to the  
         Health and Human Services Council, Senator Jackson so moved and,  
         by a vote of 7 ayes, 0 nays (Senators Lucio, Nelson and  
         Barrientos submitted vote) the nominees to the Health and Human  
         Services Council were recommended to the full Senate for  
         confirmation. Chairman Lindsay asked for a motion for a vote on  
         the non-appearing nominees. Senator Eltife so moved, and at 6:29  
         p.m. the committee voted by 7 ayes, 0 nays, (Senators Lucio,  
         Nelson and Barrientos submitted vote) to send the nominees to  
         the following entities to the full Senate for confirmation: the  
         Aging and Disability Services Council, the State Board of Barber  
         Examiners, the Governing Board of the Texas School for the Deaf,  
         the State Board of Dental Examiners, the State Health Services  
         Council, and the Texas Polygraph Examiners Board. 
          
         Chairman Lindsay announced that the committee would stand at  
         ease. 
          
         Senator Barrientos assumed the chair and asked that the nominees  
         to the Commission on Human Rights approach the table. Thomas  
         Anderson, Jose deSantiago and Anwar Khalifa gave brief  
         introductory remarks. Barrientos asked for comments on how  
         things were going at the Commission, Anderson said fairly  
         smooth. Barrientos asked Anderson for his thoughts concerning  
         the Commission's move to the Workforce Commission's umbrella.  
         Anderson replied that it was for economy without duplication. de  
         Santiago said he has served the commission for seven years and  
         hopefully will work with the new director to solve problems.  
         Khalifa said he was not there when the move occurred, but that  
         he understood it to be a move for economy. 
         Barrientos said that economy was not the main reason for the  
         non-functioning commission. 
          
         Barrientos asked how many employees were at the Commission,  
         Khalifa answered 29. deSantiago gave the breakdown:10 Hispanic,  
         10 African-American, 8 Caucasian and 1 North-African. Barrientos  
         asked how many complaints had been filed against the  
         Commission's new director who had only been there for five  
         months and the answer was five complaints. Anderson described  
         the process for due process. Barrientos asked Anderson where the  
         most discrimination occurred, Anderson said that race is still  
         number one. In addition, gender and age account for quite a bit.  
         Anderson added that of 144 cases that had gone to mediation, he  
         thought that a determination had been made on all of them. He  
         differentiated between determination and resolution. 
          
         Barrientos quizzed the nominees about the budget and whether the  
         number of employees was sufficient. Khalifa said that they could  
         always use more but if they filled the positions that are open  
         they would be in good shape. Anderson said that they could use  
         two or three more people because of the housing cases and de  
         Santiago said they need more help. 
          
         Barrientos questioned Khalifa about the number of case loads per  
         investigator. Khalifa did not know. Barrientos asked what is the  
         average time for a complaint to reach final resolution. 
          
         Barrientos told the nominees that they were good, good people  
         but that the situation had been very disappointing because the  
         commission lacked the required funding. He asked that Anderson  
         respond to him in a few weeks with the following information:  
         average caseload per worker, current time for final resolution,  
         why five complaints were filed against the agency, turnover rate  
         and reason for turnover rate. He also asked them to think of ten  
         questions they want answered and offered to get together with  
         them. 
          
         There being no further business, at 6:59 p.m. Senator Barrientos  
         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