MINUTES
SENATE COMMITTEE ON NOMINATIONS
Monday, May 16, 2005
10:30 a.m.
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 16, 2005, in the Capitol Extension, Room
E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jon Lindsay Senator Kevin Eltife
Senator Bob Deuell Senator Mike Jackson
Senator Gonzalo Barrientos Senator Eddie Lucio, Jr.
Senator Jane Nelson
*****
The chair called the meeting to order at 10:40 a.m. There being
no quorum present, the following business was transacted:
The following member arrived after the roll was called: Senator
Eltife.
Chairman Lindsay announced that self introductions would be made
since all the Senators were busy with other committees. He
invited the nominees to the Texas Parks and Wildlife to the
table.
Dan Friedkin, Peter Holt, John Parker and Robert Brown made
brief remarks about their personal histories and their interest
in Parks and Wildlife.
At 10:50 a.m., Chairman Lindsay announced that the committee
would take up the nominees to the Texas Residential Construction
Commission after the Senate adjourned.
The chair recognized Senator Todd Staples and Senator Rodney
Ellis who commented on their constituents John Parker and Dan
Friedkin respectively. Both men were highly recommended by their
Senators.
At 10:55 a.m., a quorum was established. Senator Nelson moved
adoption of the minutes from the previous hearing; without
objection, it was so ordered.
Chairman Lindsay recognized Senator Barrientos who asked the
nominees about problems with the Parks and Wildlife phone
reservation line, noting that for at least ten years the
commission said they were working on it. Barrientos told the
nominees that it is unacceptable for callers to have to wait a
long time or listen to a stupid recording, and reminded them
that is their responsibility to correct the problem. Holt said
that the commission is underfunded but that it needs
improvement.
Barrientos asked Brown about employee numbers and ethnic/gender
breakdown and Friedkin about game warden salaries. He also asked
Holt about hunting over the internet and Parker about the parks
grant program. The nominees were then asked to name their
highest priority individually. Friedkin said youth outreach for
the inner city, Parker said infrastructure and parks and local
park funding, Brown said coastal fisheries.
Chairman Lindsay asked if flounder should be a game fish.
Senator Barrientos moved that a vote be taken on the nominees to
the Texas Parks and Wildlife Commission. At 11:07 a.m., by 4
ayes, 0 nays and 3 absent, the committee voted to recommend the
nominees to the full Senate for confirmation.
The chair announced that it was his intention to vote on the
nominees to the Texas Housing and Community Affairs; Senator
Barrientos requested that they come back to the committee after
the Senate adjourned. Chairman Lindsay announced that the
committee would reconvene and take up the nominations to the
Texas Housing and Community Affairs (TDHCA) and to the Texas
Residential Construction Commission (TRCC) after adjournment of
the Senate.
At 11:09 a.m. Senator Lindsay moved that the Committee stand
recessed subject to the call of the chair. Without objection,
it was so ordered.
At 2:45 p.m. the committee reconvened. Chairman Lindsay
recognized Senator Kel Seliger to introduce his constituent
Patrick Cordero, nominee to the Texas Residential Construction
Commission. The chair also recognized Senator John Carona to
introduce fellow TRCC nominee, Paulo Flores.
Chairman Lindsay invited Patrick Gordon, nominee to the Texas
Department of Housing and Community Affairs up to the table and
informed the committee that C. Kent Conine, the other nominee to
the TDHCA could not appear but submitted a letter which was in
the member's binders. Chairman Lindsay introduced Gordon in lieu
of Senator Eliot Shapleigh and asked for comments. Gordon said
flounder should be a game fish. The chair asked what kind of
effect letters of opposition or support had on the agency's
decisions regarding certain applicants.
At 2:55 p.m., Chairman Lindsay announced that, due to lack of a
quorum, the committee would vote on the nominees to the TDHCA at
his desk upon the Senate's adjournment the following day.
Chairman Lindsay asked all the TRCC nominees to come to the
table and recognized Senator Robert Duncan to introduce Art
Cuevas, Senator Troy Fraser to introduce Scott Porter, Senator
Tommy Willliams to introduce Lewis Brown, Vice-Chairman Deuell
to introduce Mickey Redwine and Senator Kevin Eltife to
introduce John Krugh in lieu of Senator Kyle Janek.
The chair then introduced Kenneth Davis for Senator Craig Estes
and Glenda Mariott for Senator Steve Ogden.
Chairman Lindsay recognized Patrick Cordero, chair of the
commission, to explain the responsibilities and goals of the
newly created agency. Cordero responded, saying that for a brand
new agency, developing infrastructure is important. Registering
over 19,000 builders and remodelers and coming up with uniform
building and warranty standards have also taken their attention.
Chairman Lindsay asked the nominees to walk through the
arbitration clause within contracts. Paulo Flores said that the
TRCC had limited jurisdiction over arbitration and that they
dealt with post-closing versus pre-closing problems. Chairman
Lindsay asked if the builders are responsible for their
subcontractors; Davis said that most disputes occur before
closing on the house.
The chair recognized Senator Duncan who told the committee that
he is concerned that because the consumers will see registration
with the state of Texas as a badge he hopes that the commission
does more than just take in the registration money. Duncan named
a second concern- whether or not the members of the commission
have business relationships with each other and if so, whether
they thought it was appropriate to do so. Duncan questioned
whether the members should affect legislation in their roles as
commissioners. Krugh said he opposed about 30 % of the
legislation especially when it contains inspection disclosure.
Duncan asked the panel to take off their builder hats and do
what is fair and balanced for the people in the state of Texas.
Duncan asked Porter if the consumer had the right to know
whether or not his/her home had been inspected by anyone other
than the builder. Porter replied that they will do what the
legislature wants. Krugh said that financial disclosure and
litigation information language is not well defined. Duncan
stated that the TRCC appeared to be a regulatory body but it has
ended up regulating the consumer.
Paulo Flores commented that all their work is done in open
meetings; they were not the fox watching the henhouse and he
felt confident that they were fair and balanced. Duncan who said
he was not happy about members of the board killing a bill but
that he was not criticizing the Governor's choice of appointees.
Chairman Lindsay asked the board if they have enough rule-making
authority. Cordero said they had gone as far as they can and
expressed the need to probe into the integrity area a little
better. Duncan said he had polled Senate members who had the
same concerns; Chairmen Lindsay said he had done the same and
was aware of the concerns.
Vice-Chairman Deuell told the board members that he had seen
their criteria for home construction and would be upset if it
was his home. Davis said they looked at sixteen different
standards in public meeting/work sessions. Deuell asked what
were the disagreements, Davis said tolerances-what we could live
with, then explained the tedious process of deciding on slab
standards and explained that they looked at all the different
standards in the same manner. Deuell asked about the dispute
resolution process and why the consumer had to pay so much for
the initial filing fee. Cuevas said that 92% of the disputes
were resolved in favor of the consumer and that if the consumer
won, the filing fee was returned. Also the consumer can petition
for a waiver. Flores said they were new and should be given a
chance.
At 3:55 p.m., Chairman Lindsay announced that there was no
quorum so no vote would be taken.
Chairman Lindsay called Janet Ahmad to the table. Ahmad is
president of Homeowners for Better Building. She said she was
against all the nominees but one, Mickey Redwine. She testified
that in two years, the TRCC still did not require the standard
IRC code. Ahmad stressed that the TRCC is a 3.25 million dollar
state agency that serves a select few. Three of every four
homeowners cannot file a complaint because they have no place to
file. She mentioned that KB Homes standards were set by risk
management attorneys. Ahmad injected comments from the opposing
trial attorney in Sandra Bullock's lawsuit - the lawyer said
that his client, Bullock's builder, does not have to build past
minimum standards. In summary, Ahmad said that all fees go to
the commission which has a budget of $2.5 - $3.25 million.
At 4:09 p.m., Chairman Lindsay closed public testimony and
announced that the Committee would vote on the nominees to TRCC
at his desk the following day.
The Chair announced that there was registered testimony on a
non-appearing nominee to the State Commission on Judicial
Conduct, The Honorable Rex Baker. Chairman Lindsay recognized
Brad Rockwell, representing Save Our Springs Alliance and
himself. Rockwell provided the Committee with a packet of
material containing depositions and other documents. Rockwell
said the documents proved conflicts of interest and ethical
violations by Baker. Each committee member was provided copies
of the testimony.
Chairman Lindsay recognized Charles O'Dell who also provided
documentation of 29 incidences of ethical violations by Baker on
public record. Copies of the documentation were provided for
each Committee member.
The Chair recognized Judy Spalding as a resource witness who
registered but did not testify.
Chairman Lindsay announced that due to the lack of a quorum, a
vote would be taken on all the nominees to the non-appearing
entities at his desk on the following day.
There being no further business, at 4:20 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