MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, May 9, 2005
11:00 a.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 9, 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 Gonzalo Barrientos
Senator Kevin Eltife
Senator Eddie Lucio, Jr.
Senator Jane Nelson
*****
The chair called the meeting to order at 11:07 a.m. There
being a quorum present, the following business was transacted:
The following member arrived after the roll was called: Senator
Bob Deuell.
Senator Eltife moved adoption of the minutes from the previous
hearings held on May 2, 2005, and May 3, 2005; without
objection, it was so ordered.
Chairman Lindsay announced that the committee would consider the
nominations of Lupe Fraga, Bill Jones and Gene Stallings as
members of the Texas A& M Board of Regents. The chair explained
that Senator Kyle Janek could not be there to introduce Lupe
Fraga so he would do the honors. The chair then recognized
Senator Eddie Lucio who congratulated each nominee. Lucio stated
he would like to get each man on the record regarding their
opinion on the Irma Rangel School of Pharmacy being built in
South Texas and whether or not they supported full funding for
the school. Lucio also wanted to know whether they were in
support of the A & M base budget and if they would agree to a
study to determine the feasibility of building a large animal
veterinary school in South Texas.
Chairman Lindsay recognized Senator Barrientos to introduce his
constituent Bill Jones, former general counsel to Governor Rick
Perry and A & M graduate.
Senator Kevin Eltife was recognized to introduce his
constituent, Gene Stallings, former head football coach for the
University of Alabama, Texas A & M University and the Dallas
Cowboys.
The nominees gave brief introductory remarks about their
individual backgrounds and common commitment to education at A &
M.
The chair asked the nominees if they thought Houston should join
South Texas in the creation of an Aggie law school to compete
with UT. Jones replied that he felt the question should be
whether or not another law school would enhance the university
and efforts needed to be put into finding out if indeed that
need is real.
Fraga said he was committed to seeing the Rangel School of
Pharmacy established. Stallings said it is important to gather
all the information to make the best decisions.
Chairman Lindsay recognized Vice-Chairman Deuell who noted A & M
Commerce and emphasized the importance of all the other campuses
within the system. Deuell added that administrative costs need
to be cut in favor of the students.
Chairman Lindsay recognized Senator Barrientos who asked about
the top ten percent plan. Jones stressed that at A & M, the
students admitted under the plan were performing well. He noted
the only downfall to the plan is that it is based on single
criteria. Stallings is opposed to the top ten rule as long as
students are not taking courses with the same level of
difficulty. He added that it is a lot harder to get into school
than to stay in school. Barrientos asked why the main campus at
A & M had such problems recruiting African-Americans and what
percentage of the football team graduated. He also asked why the
board has not chosen to use race as an indicator.
Chairman Lindsay recognized Senator Rodney Ellis who asked the
panel if they knew the admission figures before Hopwood. Jones
gave figures from both 1996 and 1997 and in both years
African-American and Hispanic figures for the percentage of
enrollments to admissions was down by around one percent.
Senator Ellis presented figures from 1995-2003 showing about the
same drop. Ellis added that in 109 years, race has been a
factor, and in the case of African-Americans, the dominant
factor, in enrollment at a school that could have, and should
have made some changes. He said it is incumbent for Regents to
overcome the present situation. Ellis asked more questions about
the decision to remove the legacy admit program and whether the
board felt that A & M could handle affirmative-action.
The chair recognized Senator Royce West who asked Stallings why
he was opposed to the top ten percent plan. Stallings said if
all the courses were the same then he would be for the plan.
Fraga promised to raise the issues about diversity and to know
the figures. West asked if A & M should tie diversity to an
individual or to the law and encouraged the regents to aim above
the mediocre level they were at before Hopwood. West added that
he is concerned not with quotas but with goals. Stallings
replied that it is important to improve and that the president
should be given the charge to do so. Fraga said it is their
responsibility to speak up; West countered that they had been
given thirteen years to make positive changes, he was not
impressed and they need to turn it around ASAP.
Senator West yielded to Vice-Chairman Deuell who asked where the
need for all the remedial classes was coming from and West asked
them to pay attention to this issue.
Chairman Lindsay asked for a motion, Senator Lucio so moved and
at 12:44 p.m., the committee voted by 6 ayes, 0 nays and 1
absent to recommend the nominees to the full Senate for
confirmation.
Chairman Lindsay recognized Senator Barrientos to introduce
Oliver Bell, nominee to the Texas Board of Criminal Justice.
Chairman Lindsay introduced Senator Ogden's constituent Gregory
Scott Coleman in lieu of Ogden who could not attend and asked
the two to make brief self-introductory remarks. Bell said the
board was committed to excellence and heartened by legislation
going in new directions. Barrientos asked Bell to give employee
and budget figures and then asked for their thoughts on felony
education and the Wyndham School. Bell said he was a supporter
of Wyndham; Coleman echoed saying education is a key item and
achieving a GED is a major life accomplishment for many of the
inmates. Barrientos asked Coleman what steps besides salary
increases should be taken; Coleman said that a raise was the
most important.
At 12:57 p.m.,there being no quorum, the nominees to the Texas
Board of Criminal Justice were left pending in committee.
Chairman Lindsay announced that a vote would be taken on the
floor upon recess or adjournment of the Senate.
Chairman Lindsay recognized Barrientos to introduce Ron
Congleton, nominated to the Texas Workforce Commission. Chairman
Lindsay asked Congleton what challenges, besides the tough
economic climate, face the Commission. Congleton's reply was
that the tight budget had a big effect on their training
programs; that some are contracted out but a lot of their
training is done through community colleges. He added that
depending upon the program, the private sector usually decides
based on the needs of the area. Right now, welders and
roughnecks or oil field workers are in high demand.
Barrientos questioned Congleton concerning his thoughts on the
Texas Human Rights Commission (HRC). Congleton said he knew it
was an independent division of the agency. Barrientos encouraged
Congleton to find out the Workforce's jurisdiction over the HRC
and to look into the five complaints against the agency.
At 1:06 p.m., the chair announced that, due to the lack of a
quorum, a vote on the nominee would be taken at his desk upon
recess or adjournment of the Senate.
There being no further business, Senator Lindsay moved that the
Committee stand recessed subject the call of the chair. Without
objection, it was so ordered.
At 7: 10 p.m., the committee reconvened at Chairman Lindsay's
desk. Senator Nelson moved that a vote be taken on all the
appearing and non-appearing nominees to the following entities:
the Texas Board of Criminal Justice, Texas Workforce Commission,
Brazos River Authority Board of Directors, Chief Justice for the
Seventh Court of Appeals District, Texas Structural Pest Control
Board, Rio Grande Regional Water Authority Board of Directors,
Texas School Safety Center Board of Directors, Council on Sex
Offender Treatment and Texas Small Business Industrial
Development Corporation. By a vote of 5 ayes, 0 nays and 2
absent, the nominees were recommended to the full Senate for
confirmation.
There being no further business, at 7:11 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