MINUTES
SENATE COMMITTEE ON FINANCE
Monday, January 29, 2001
8:00 a.m.
Capitol Extension, Room E1.036
*****
Pursuant to a notice posted in accordance with Senate Rule 11.18, a
public hearing of the Senate Committee on Finance was held on Monday,
January 29, 2001, in the Capitol Extension, Room E1.036, at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis Senator Steve Ogden
Senator Chris Harris
Senator Gonzalo Barrientos
Senator Robert Duncan
Senator Troy Fraser
Senator Tom Haywood
Senator Mike Jackson
Senator Jon Lindsay
Senator Eddie Lucio, Jr.
Senator Carlos Truan
Senator John Whitmire
Senator Judith Zaffirini
*****
The chair called the meeting to order at 9:01 a.m. There being a quorum
present, the following business was transacted:
The Chair recognized the following witnesses to provide testimony
regarding Legislative Budget Board recommendations:
Supreme Court
Tina Beck, LBB Budget Analyst
Chief Justice Tom Phillips,
Spoke to several issues on requested budgets of several
different courts. Chief Phillips then spoke specifically to the
Supreme Court budget and the exceptional items. Answered many
questions from the committee.
Lamar McCorkle, Judge 133rd District Court
Answered questions.
Registering, but not testifying:
John T. Adams, Clerk, Supreme Court
Nathan L. Hecht, Supreme Court Justice
William L. Willlis, Supreme Court Justice
Court of Criminal Appeals
Tina Beck, LBB Budget Analyst
Sharon Keller, Presiding Judge
Addressed the exceptional items in proposed budget. Salary
increases are a priority. Answered questions. Senator Whitmire
suggested that Judge Keller and her colleges come back in a
week or two and address the issue of indigent representation.
Court of Appeals
Tina Beck, LBB Budget Analyst
Marilyn Aboussie, Chief Justice, 3rd Court of Appeals
Gave a brief overview. Stated that all of the Chief Justices
are present and ready to speak to individual budgets. Spoke to
the 3rd Court budget. Spoke to the problems of recruiting
minority lawyers. Answered questions.
Richard Barajas, Chief Justice, 8th Court of Appeals
Spoke to the issue of minority hiring in El Paso. Spoke to what
he personally does to recruit. Spoke to the budget for the 8th
Court of Appeals.
Michael H. Schneider, Chief Justice, 1st Court of Appeal
Gave an overview of the Court of Appeals system. Spoke to the
budget for the 1st Court of Appeals and exceptional items.
Linda B. Thomas, Chief Justice, 5th Court of Appeals
Spoke to the budget for the 5th Court of Appeals and exceptional
requests. No new judge positions since 1982.
John Cayce, Chief Justice, 2nd Court of Appeals
Spoke to the budget request for his court and exceptional items.
Phil Hardberger, Chief Justice , 4th Court of Appeal
Thanked Senator Ellis for his interest in minority recruitment.
Spoke to his requested budget.
William J. Cornelius, Chief Justice, 6th Court of Appeals
Spoke to the exceptional items in his requested budget. In
Texarkana, all three judges collaborate in all interviewing and
hiring of every person that works for the court.
Rogelio Valdez, Chief Justice, 13th Court of Appeals
The most recently elected judge of the Court of Appeals. Spoke
to the exceptional items in requested budget. Stated there
were two branches of the 13th Court of Appeals; one in Corpus
Christi and one in Edinburgh so technology is very important.
Answered questions.
Ronald L. Walker, Chief Justice, 9th Court of Appeals
Spoke to the additional need for increased salaries. The 9th
Court is a performing court and has actively sought lawyers that
like appellate work. Answered questions.
Leonard Davis, Chief Justice, 12th Court of Appeals
His court has gone to full-time career/staff attorneys and away
from briefing attorneys. This has worked very well, but he
needs increased salaries to keep them. Spoke to the other
exceptional items in budget.
William G. Arnot, Chief Justice, 11th Court of Appeals
Spoke to the proposed budget and exceptional items.
Rex D. Davis, Chief Justice, 10th Court of Appeals
Spoke to the minority issue and an overview of how his court
works. Spoke to the exceptional items in budget. Answered
questions.
Public Testimony:
Annette Lovol, Texas Appleseed, Indigent Defense Funding
Keith C. Hampton, Texas Criminal Defense Lawyers Alliance,
Indigent Defense Funding
Registering, but not testifying:
Bill Beardall, Texas Appleseed, Indigent Defense Funding,
Austin, Texas
Mavrie Levin, Texas Defender Service, Austin, Texas
Raoul Schonemann, Attorney, Self, Indigent Defense Funding
Lynn Nabers, Alliance for Judical Funding, Austin, Texas
Robert C. Owen, Attorney, Indigent Defense Funding, Austin,
Texas
At 12:13 p.m. Senator Ellis moved that the committee stand recessed until
45 minutes after adjournment of the Senate; without objection, it was so
ordered.
At 2:00 p.m. the committee reconvened.
Office of Court Administration, Texas Judicial Council
Tina Beck, LBB Budget Analyst
Ann Fuelberg, Technology Consultant, Leapnet
Answered questions.
Melissa Stice Larson, SAO
Sandy Donoho, SAO
Jerry Benedict, Executive Director
Answered questions dealing with the Human Resources audit.
John J. Specia, Jr., 225th District Court
Handout on Cluster Court Projects (attached)
Registering, but not testifying:
Carole Hurley, Attorney, TDPRS
Carry Shults, Director of Information Services, OCA
Office of State Prosecuting Attorney
Ryan Koch, LBB Budget Analyst
Matthew Paul, State Prosecuting Attorney
Introduced staff in attendance. Gave overview of what office
does. Stressed the importance of technology.
State Law Library
Ryan Koch, LBB Budget Analyst
Kay Schlueter, Agency Director
Gave an overview of library and spoke to exceptional items in
proposed budget. Answered questions.
Court Reporters Certification Board
Ryan Koch, LBB Budget Analyst
Michele L. Henricks, Executive Director
Spoke to exceptional items in proposed budget. Gave an overview
of what had happened to the agency in the past biennium.
Answered questions.
Sid L. Harle, District Judge, Board Chairman
Thanked the committee for their support and asked for the
exceptional items to be funded.
Commission on Judicial Conduct
Tina Beck, LBB Budget Analyst
Lisa Mogil, Sunset Review Commission
Margaret J. Reeves, Executive Director
Commission is not the same Board that appeared before this
committee 2 years ago. Gave an overview of the Commission of
the past biennium and the changes made. The Commission had a
73% turnover rate. Answered questions.
L. Scott Mann, Chairman
Spoke to the many changes the commission has made in the last
biennium. Spoke to the exceptional items.
Kathleen H. Olivares, Judge, 205th
Spoke to the increased workload and asked for increased
funding. Answered questions.
William G. Arnot III, Chief Justice, Houston Court of Appeals
Spoke to the concerns of the indigent population. Spoke to the
pay raise for the Executive Director.
Registering, but not testifying:
Donald L. Hardcastle, Professor, Baylor University
Kelley McCormick, Special Prosecutor, Special Prosecution Unit
Peter Vogel, Attorney, Gardeven Wynne, Sewell, Judicial
Committee on Information Technology
Seana Willing, Attorney, Sr. Commission Counsel, State
Commission on Judicial Conduct
Judiciary Section, Comptroller's Office
Tina Beck, LBB Budget Analyst
Chuck Demos, Section Manager, Comptroller's Office
Spoke to proposed budget and answered questions.
Gina DeBottis, Chief Prosecutor, Special Prosecution Unit
Spoke to the proposed budget. Answered questions.
Ronnie Earle, District Attorney Travis County, Public Integrity Unit
Spoke to the problems that the County is faced with: the
increase in costs for office space and increased health
insurance.
Public Testimony:
Robert Kapple, Texas District & County Attorney's Association
Spoke for increased travel funds and funding in
general.
Tim Cole, District Attorney for the 97th Court
Gave an overview from the small county prospective. This
is a very critical fund. Answered questions.
Guy James Gray, District Attorney in Jasper County
Spoke to the need for this funding in rural counties.
Registering, but not testifying:
Kelly McCormick, Special Prosecutor, Special Prosecution
Unit
Railroad Commission
Stanton Korn, LBB Budget Analyst
John Hawkins, Sunset Commission
Jack Caro, Comptroller's Office
Michael Williams, Chairman of the Railroad Commission
Spoke to proposed budget and seven exceptional items.
Kathy Pyku, Director of Finance
Answered questions about vehicle requests.
Tony Garza, Commissioner
Answered questions. Spoke of environmental issues.
Charles Matthews, Commissioner
Answered questions.
Ron Kitchens, Director of Energy Operations
Answered questions.
Registering, but not testifying:
James Carruth, Financial Analyst
Lindil Fowler, General Counsel
General Land Office and Veterans' Land Board
Stanton Korn, LBB Budget Analyst
Jess Calvert, Performance Analyst
David Dewhurst, Land Commissioner
Gave a very detailed overview of the GLO in the past biennium.
Gave a progress report on many of the programs: State Home
Loans, Reduced Interest Rates, Texas State Veterans Homes, State
Power Program and Adopt-A-Document, Adopt-A-Map along with many
others. Answered questions.
Registering, but not testifying:
Larry R. Soward, Chief Clerk
There being no further business, at 6:48 p.m. Senator Ellis moved that
the Committee stand recessed until 8:00 a.m., Tuesday, January 30, 2001.
Without objection, it was so ordered.
______________________
Senator Rodney Ellis, Chair
______________________
Myra J. Schmitt, Clerk