MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, April 25, 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 25, 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 3:35 p.m. There being
no quorum present, the following business was transacted:
The following members arrived after the roll was called: Senator
Barrientos, Senator Jackson, Senator Lucio.
Chairman Lindsay announced that introductions would be made as
the Senators' schedules allowed and informed the committee that
two of the nominees to the Texas State Board of Medical
Examiners, Christine Canterbury, M.D. and Amanullah Khan,
M.D.,PhD. would not be appearing and that their letters of
explanation were in the member's binders.
Chairman Lindsay recognized Senator Todd Staples to introduce
his constituent Keith Miller, a nominee to the Texas State Board
of Medical Examiners. Staples commended Miller on his unique and
dynamic perspective.
Chairman Lindsay recognized Senator Tommy Williams who
introduced Melinda Fredricks, nominee to the Texas State Board
of Medical Examiners. Fredericks is a Conroe resident with
countless hours of volunteer work and a masters degree in
Education.
Chairman Lindsay introduced Annette Raggette since Senator Ogden
could not attend. Raggette gave a few comments about her
education and background, saying she is an attorney specializing
in labor relations for hospitals and nursing homes.
Senator Troy Fraser was recognized to introduce Dr. Larry Price,
associate professor at A & M Health and Sciences Center, and
senior cardiologist at Scott and White Hospital in Belton.
Chairman Lindsay introduced Tim Turner, nominee to the Texas
State Board of Medical Examiners and a constituent of Senator
Kyle Janek.
Chairman Lindsay invited the Texas State Board of Medical
Examiners nominees to the table and asked them if the passage of
SB 104 was producing any positive results and how it was
working. Larry Price said SB 104 helped in funding which
intensified disciplinary actions and helped improve efficiency.
Fredericks replied that she does not have a sense of history,
but conversations with staff convinced her that the board was
more effective now. Turner called the changes dramatic and
thanked the committee members for SB 104 funding. Raggette told
the members that SB 104 increased accountability and
enforcement. Miller informed the committee that he had been a
consultant to the board for a dozen years before serving and
brought up an example of a distressful case in which he had made
one negative remark and the opposing lawyer said he was too hard
on doctors. He told the committee they should be very confident
in this board. Anderson said SB 104 helped them with
investigation, litigation and enforcing compliance. They also
have different drug testing abilities for fulltime employees.
Anderson stressed that compliance is now within 180 days of
investigation.
The Chair recognized Vice-Chair Deuell who asked about
restrictions and suspensions. Anderson said that most are
substance abuse cases. Chairman Lindsay asked how many
complaints per month. Anderson quoted the monthly figure at 500
with 6000 cases per year, and of these 6000, about 2000 are
valid. Raggette added that there has been a large growth of
complaints. Chairman Lindsay asked them to describe the process
and the entire team explained the steps involved in handling a
complaint. He also asked them at what point the public was made
aware. Anderson told the members that the need- to- know
entities, such as insurance companies and hospitals, are given
the information.
The chair recognized Barrientos who held up some newspapers
featuring articles concerning doctors who practice even after
disciplinary actions are taken against them. Anderson said that
the board's responsibility to decide if doctors practice at all
or with restrictions, and then make those findings known to the
public. He continued, saying that it is up to a hospital or
other employers to check credentials and make the decision
whether or not to hire the doctors. Barrientos asked the board
if they felt like it is their responsibility to keep eye on the
restricted doctors; Fredericks replied that a lot of doctors are
under board order and tracked by the compliance board, Turner
said the board could always do more. He also told the panel that
a hospital would be inclined to hire a doctor under board order
if they needed one with a certain specialty.
Barrientos again referenced the newspaper article and asked that
they keep up on the issue telling them that the body has
problems. Anderson said that currently there are 502 doctors
under board orders and practicing under supervision. Barrientos
again picked up one of the articles and read about a doctor in
Pasadena being sued 60 times; the nominees all said that they
were familiar with the case, that it involved the largest finer
ever levied against a doctor and that the doctor will never work
again in Texas. Anderson informed the committee that SB 104 was
not in effect when that doctor's case was handled and Raggette
said that there has been an improvement in the number of orders
since the implementation of SB 104.
A quorum was established at 4:15 p.m. Roll was called and the
minutes from the previous meetings were adopted.
Senator Eltife moved that a vote be taken on the nominees to the
Texas State Board of Medical Examiners. At 4:16 p. m., the
committee voted by 7 ayes, 0 nays to recommend them to the full
Senate for confirmation.
Chairman Lindsay asked the nominees to the Texas State
Affordable Housing Corporation Board of Directors to come
forward. The chair informed the committee that two of the
nominees, Christopher DeCluitt and Jo Van Hovel had been excused
from appearing and that letters of explanation were submitted in
their binders. Chairman Lindsay introduced Thomas Leeper in lieu
of Senator Ogden and Charles Rencher and Jerry Romero introduced
themselves. Lindsay recognized Romero as chairman of the board
and asked him to provide an overview of the entity. Romero said
they serve mainly rural and border markets but can also answer
to the needs of some urban markets. He told the members that
they receive no federal grants but are funded by program fees.
Chairman Lindsay asked how the state agency entertwined with
local entities, Romero named the 501 3C bond issue as an example
of good partnership between local and state. Chairman Lindsay
asked if they really needed the position statement that they
requested in letter form from Senators and representative'
offices, Romero replied that if they see an elected official is
behind it then it shows that the community is also in favor.
Senator Barrientos moved to vote on the nominees to the Texas
State Affordable Housing Corporation Board of Directors and at
4:25 p.m., the committee voted by 7 ayes, 0 nays to recommend
the nominees to the full Senate for confirmation.
The chair recognized the appointee for the Adjutant General of
Texas, Brigadier General Charles Rodriguez, to make a few brief
comments about himself and to answer a few questions. General
Rodriguez described the dual status of his position: he is a
full-time employee of the state of Texas overseeing around 600
state employees, as well as the Commander of the Army and
National Guard in Texas supervising around 19,000 enlisted
soldiers plus the uniformed officers. He added that, outside of
Texas, his position is federally recognized.
Chairman Lindsay asked General Rodriguez if it was tough to
recruit and he answered that it was not difficult in Texas. He
named their biggest challenge as taking care of the families.
When asked in what area of study he earned his Ph.D., Rodriguez
quipped "Philanthropic Leadership".
Chairman Lindsay recognized Barrientos who asked Rodriguez to
identify their current needs. Rodriguez said they are more
concerned with potential needs and analyzing hypothetical
"What would it take?" scenarios, all of which indicate the
necessity of monetary aid totaling many millions of dollars.
Barrientos asked if the Guard had border protection
responsibilities, Rodriguez answered that most would center
around counter-drug and aviation surveillance at the request of
law enforcement. Law enforcement does not have the technical
capability for the type of aerial surveillance that the Guard
can provide. Rodriguez told the committee that there are
armories but no troops deployed along the Texas- Mexico border.
General Rodriguez was asked to provide ethnic and gender
breakdowns, recruitment goals and the number of soldiers who
were wounded in action or killed while serving in the Texas
guard. Out of the 19,000 soldiers in Texas guard, 15 % are
female. Of the remaining males, 50 % are non-hispanic/ white,
20% are Hispanic and 11 % are African-American. He added that
the guard is offering attractive incentives to enlist 4,000 per
year, which is their recruitment goal, and that the number of
applicants has increased since 911 with last year being t he
best ever. He listed seven soldiers as wounded in action (WIA)
and one as a combat death.
Barrientos yielded to Senator Lucio who commented that General
Rodriguez was replacing one of his very dear friends. Lucio
added that he has always been very interested in the state guard
and its' plans for the future.
Barrientos asked questions about family access to health care
and the healthcare system in general. General Rodriguez assured
the committee that after the preparation of the troops, taking
care of the families was their highest priority. He described
the infrastructure of family support including the regional and
national parameters. Barrientos asked for a breakdown of the top
officers, General Rodriguez did not have it but said he would
provide it to the committee. Barrientos asked him how he got his
nomination to West Point and General Rodriguez stated that his
father Joseph Rodriguez was awarded the Congressional Medal of
Honor.
Senator Eltife moved that the committee vote on General
Rodriguez' nomination for Adjutant General of Texas. At 4: 50
p.m., by a vote of 7 ayes and 0 nays, General Rodriguez was
recommended to the full Senate for confirmation.
Chairman Lindsay recognized Vice-Chairman Deuell who introduced
the Honorable George W. "Bill" Ceverha, the Speaker's appointee
to the Employees Retirement System Board of Directors.
Ceverha told the committee that the board is a mentally
stimulating one that oversees 275 employees while managing a $20
billion fund and large healthcare system. Vice-Chairman Deuell
asked where the system is financially. Ceverha said it is 97%
fully funded, adding that if the legislature had not declined to
put in its normal share, it would be 100% funded. Ceverha
stressed that the board takes a very conservative fiscal
approach. Commenting on the heathcare
system, Ceverha said there will be a slight increase in cost of
dependent coverage. Commenting on Merck/ Medco's trouble that
has put them on the radar screen, he told the committee that
cost containments and rebates are pretty controlled.
Vice-Chairman Deuell called Ceverha a class act and commended
him on his service.
Chairman Lindsay recognized Barrientos who asked Ceverha if he
supported the current level of the system. The answer was yes he
was satisfied with the current level. Barrientos asked if he was
satisfied with the cost of heathcare. Ceverha said he would
love to be able to provide it for free and is working to contain
costs, but reminded the committee that the board will have to
increase dependent coverage. Ceverha commented on whether it was
appropriate for the legislature to decrease its return saying
there is a moral and legal contract for both sides. Barrientos
asked about the ERS Trust Fund. Ceverha said there is a good
balance, that maybe they could realize more return if they
invested in higher risk ventures but they are taking a very
conservative approach.
Barrientos asked Ceverha if it is appropriate for an appointee
to serve on a board while soliciting money for a PAC. Ceverha's
reply was that situation has not occurred.
At 5:05 p.m., Chairman Lindsay announced that the nomination of
the Honorable George W. "Bill" Ceverha to the Employees
Retirement System Board of Directors would be left pending in
today's committee and voted out on the following day at his desk
in the Senate Chamber upon adjournment.
Chairman Lindsay asked for a motion on all the nominees to the
non -appearing entities. Senator Jackson moved that the
committee vote on all said nominees. At 5:05 p.m., by a vote of
7 ayes, 0 nays, the committee recommended all nominees to the
following entities be sent to the full Senate for confirmation:
the Finance Commission of Texas, the Manufactured Housing Board,
the Texas Public Finance Authority, the Sabine River Compact
Administration, the State Office of Risk Management and the
Sulphur River Basin Authority Board of Directors.
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.
_____________________________
Senator Jon Lindsay, Chair
_____________________________
Jazen Wood, Clerk