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