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.
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Senator Jon Lindsay, Chair
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Jazen Wood, Clerk