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.
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Senator Jon Lindsay, Chair
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Jazen Wood, Clerk