Senate Transcript, January 13, 2011

Ed. note: This transcript has been partially edited for readability.

(continuing)John Partain January 13, 2011.

And aid statewide coalition at the time that was.  I shared that co-collision that's what I was hearing from around the state and commission for me to go back to three I think and I understand Senator nickels and done that way for 60 years bum we want as we are now not with the population we have.  That we have right now.  So the this day.  Either at five and duoto one and they had to pull me very hard because again I like the idea of am elected official only because I brings a priority to transportation it gives the opportunity for the accountability by the public which is what we p accountability.  However.  Since there is a question there are some down sides to having a elected official over TexDOT I understand that swell so going back to the one member:  I would agree too.  I think we either have to go to the one that was recommend by the sunset staff or a we have to stay and having is that snag if we get through all thighs these?

A.   Yeah.  Greater apartment where we know we had problems too.  Is there any other questions Senator Nichols Senator Nichols.  Just for clarification on the first vote.

A.   Yes, sir.

Q.   The first vote is to coat.  Well.  Go from five too three and if a member wants to have a different no especially we're no longer at the one.

That's why I'm asking to clarify.  Purchase is the first vote one or more than one the first vote is on your motion to have disagree then if aanother member want to bring a motion to adopt.one then and in a vote pass in an weld bosom.  Than weld.

That would be correct.  Make.

When we had testimony before I will tell you one of the things I said that night about a month ago there is a difference between three and five that serves when it was three and when it was five I happened to be one of those and three is a lot better than five what happens when you have five each of you individually.  When you're three you better be were you toes and you better be responsive and I know the issue of which region of the state are you representing.  The my response to that is you do not want any member representing one area of the state.  Every vote that's taken by that that number should represent the entire State and what's best for all there is for the state.  That's the way I interpreted it.  Now, when it was three I will tell you there is a statutetorial provision that one had to be from am rural area and I would certainly like to add that to that that I think one should be representative from the rural and I think they went to that definition completely governor.  I was a rule guy Senator Senator anyone he is?
Sen. Hinojosa:  I agree to not any region of the state the sure we need a perspective people to come from the state so perspective of the urban areas who is.  So I certainly think that five is better in terms of cooperation in terms (inaudible) (inaudible).

I just want to make it comment that it is my intention fortous inquire having only one and I did not want to make an attempt to stop at the severing because I knew that Senator nickels and three and five and I didn't want to appear to be cutting off that discussion but ill make that attempt at the appropriate time.

So then motion on the table is the adoption of disagree then.

John Partain January 13, 2011 I think before we get started on p TexDOT.  And may be appear clarification on I think we in discussions to help sunset statute.  When by made the modification for the chemoexperiment ensured.  Instruments that that would be effective on May p first 2012 purchase install ensured.  Interpretation of.  Ensured.  T. ensured thank you I just wanted to make sure since we're been talking about kind of have it on the record for a second.

Okay members we're cog to get back on schedule and we're going to start TexDOT so itch several of the statute sunset staff.  First let me ask this question.  Do you have any questions of sun September staff regarding the TexDOT report or the discussions from last exterminates do you have any questions of bereavement sunset staff no T. on the set set staff report I have a few of the recommendations that members had asked to sever and I will go through those real quickly I think Senator hundred most had asked may be 1.1 as well as Senator Nichols I think that was.  Commission structure as well as 3.5 Senator anymore i Nichols on at RPO's.  Q. Senator Nichols on.  Mr. Mac Hanover 7.1 object you'd.  Nichols 9:99en and 12.1 upon Senator Nichols were any other of the sunset.  In if not than that leaves me with sunset staff recommendations of one and make a blanket motion of adoption of.Lele.

By yourself making the decisions I sought three member may be of the transportation commission work great for however 80 years some of the issues the members had mad curt so my motion S. replace it what three member appointed transportation commission.(inaudible)logic P.

Sen. Hegar:    Jennifer. --  If someone stimwanted Hawaii.  Okay dense wants one.  Event we had one vote for one. Ensured. John Partain January 13, 2011. John Partain January 13, 2011. Will not with representative.  To change to five to reassure.  Rule there with where the Senate right now we're commission. Ways what is the name of your N. That may be goes one and comes back to five after pa certain amount of time.  I think it has to be greater.  Narrow is there any other questions Senator Nichols do you want to --

Sen. Nichols:  The first vote is to vote for sever narrow we're physical evidence everything to go from five to three and if a member wants to be A. so since it's served we no longer at the no?  For the first vote is on your motion to have three and then if another member wants to bring a motion to adopt one.one then and that 1.1.  Would be for sing Louisiana the.

Sen. Nichols:  I will tell you when you have the things.  Was.  Difference between three and five there's only two people walking on this plant that served when it was three and when it was five I happened to be one of those two and I will tell you three is a lot better than five.  Each you individually may not have a responsibility when you're three you better be on your toes and you better be responsive and I know the issue which region of the State are you representing my response tootle is you do not want any member representing one area of the state.  Every vote that's taken by that that member should remember representment entirely state and what's bets for all the state that's the way I interpreted it Now, when it was three I'll tell you there was a statutory p provision that one had to be from a rural area and I would certainly like to add that to that that I think one should be representative from the rural and I think they went through that definition when Bush was the governor I was a rule guy purchase.

Sen. Hinojosa:   Just no respond I agree that not any Commission.  Representative (inaudible) sure we need the pri of people that (inaudible) through the perspective of the urban areas like Dallas Houston soy certainly think that five is berth than three jurist in in terms hof cooperation in terms of (inaudible) narrow okay please I just wanted to make the comment that it is my intention for us to consider having only one and I did not want to make an attempt to stop another severing.  I'm interesting.  N. and wept I didn't mean to to appear to be cutting out out of that discussion but I will make that attempt foe appropriate time narrow so motion on the table is the.

Sen. Hegar: (inaudible) (inaudible) (inaudible) (inaudible) (inaudible) (inaudible). Commission.  With one is rule.  Currently five member board has one statutory rule.  Used to be one rule. I understand members any other questions of Senator Nichols no please I would is that the question.  Is there anybody that wans top second modification to to go from five to three. You want know ask far second.  Move on. (inaudible) okay then now let's move now okay we're going to move on representative Bonn anyone wants to make a motion that we adopt 1.1. Commissioner Cannot continue purchase John Partain January 13, 2011. Proving the situation okay members is there any questions. Okay members do you have any questions for representative Bonn Mr. Jefferson.

Sen Eltife

Unidentified Speaker:    Not to be disrespectful but when commissioner was up for renewal he never went before the democrat so help continued is to so what I'm say.  If we're going to have one.  It triggers automatically reup them they must go before a Senate confirmation to do such.  It would analogous.  To the entomb appointment, you know, when the preponderate appoint takes a long weekend.

Sen. Hegar:The trigger p (inaudible) confirmation is one of reappointment or Al appointment is made if it is not make made for a commission any commission prior no source during session then (inaudible) obviously we're not here for another year and a half so if it happens some time after p session then that person whatever time the duration (inaudible). P knifed knifed.

Unidentified Speaker:     Of.  Is there a second for representative bonds' motion. Of okay. Harpper Brown second representative Bonn anyone motion. Preponderance harper call the roll. Chairman Hegar.  Vice Senator Whitmire. No Senator Hinojosa. Mr. Mac man yes. Most call the roll. Chairman Hegar. No harper.  Senator Whitmire. No. Senator Hinojosa. No. Senator Nichols. No Mr. Mac man yes. Representative Harper  Brown.  Representative Cook.  Yes purchase representativetarial, yes, Mr. Jefferson yes. The motion carries sop congratulation for my push two years ago.  Now, when you do carry it over don't change the like you did last time. Now, we have the next severed item that snarl Nichols 3.5 is there any member who wants to bring up 3.5.  Nichols want to bring it wants who wants hold on.

Is there any member who wants to bring upstream.five.  Okay then I'll move on five.one.  Yes, please. One point which one I'm sorry.  They said one.one member. Okay then let me bosom is that a knew issue.  Okay then I'll come back to new issue.  I'll come back to you a new issue at the very end.  Senator Nichols.  Okay then moving mono-3.5 just top reclaimant Senator Nichols no member's asking to bring that.  Senator Nichols and have I think that he had modification to recommendation of five.one so if you'll lay out ample modification plea.

Yes, sir.  Motion very simply to o limit this new authority tho new capacity into projects of 200 million or better or larger and there's I think some very important reasons for that because the never had this authority it dramatically changes the process of designing and advertising for bids and things like that and I think it could be very beneficial on big projects I think on small projects it will add to the cost and I am willing the State tried I'm concerned because last night that if we don't watch out we're turning a new tool lost and the legislature was nice enough to do that a they ran before they could walk and rather than specific small number of projects.  And.  If we try this limitation.  See how it works we can come back later sessions and we can expand at a?

 A.   Shown success and I'm very nervous of cutting wide open with it that's my rationale.

Sen. Hegar: Representative harper p brown.  And I agree that in ought to be some.

Rep. Brown:  .  Representative brown.  Brown.  Justified at that to do the designed bill but it falls a little short of that threshold to me we're tying the commission's manned again where they need all thighs signals might medium for assistant project somewhat smaller than that A. that's my knowledge concern. Okay.  Members is there any other questions that Senator Hinojosa.

Sen. Hinojosa:    Texas top of the design because it is A. more coast effective but we arbitrary number to amounts so I don't want.  Amount of money.  And support (inaudible) I would oppose the motion.

Sen. Nichols:  I used design build products and on some of my products in my factories but I would total control over and it when we opened up.  Comprehensive development very first one we did was basic ally a find.  One billion dollars state Hawaii p talking about TexDOT.

(continuing)John Partain January 13, 2011 Senator Whitmire.  Senator Hinojosa. Representative Harper Brown?
A.   Representative cook.  Representative [unintelligible].  Representative [unintelligible]  Question. Mr. Jefferson. Just a make a couple comments on this.

May if I didn't 20126789.

Mr. Schneider:  Based onment interpretation of our originalling recommendation thank you I just want top parent.  Kind of have it on at record snare okay members we're going to get back on schedule and we're going start with TexDOT and I have p several of the staff.  First let me ask Africa.

A.   Regarding the TexDOT report or the discussions from last Seattle do you have any breech questions.  No thank you then on the sunset sample I have a few of the recommendations that Americans had asked to several and I will go through those real quickly.  I can Senator Hinojosa had asked may be Hinojosa were there any eve sunset statute recommendation than that any any of the members want to sever if not that leaves within recommendations of make appear plastic motion for at adoption of one point # 1.311.  32.3. P. P. 3.3, three-point.  4.4p were.

A.   The issues in six are no longer applicable nor # # 9.1, nine to .2, 9.5 as well as there was nothing on ten and there #* then there is 81.1; is that correct Jennifer.

Yeah snare recommendations representative bond seconds in a motion:  Is there any objections for the p adoption of the sunset standpoint recommendations and the plastic motion is there any objections then adopted Now, members we will move back to the severed items and 1.1 deals with the p structure:  And I think Senator nickels you had modification the sunset staff recommendations and although to bring the modification to that correct.

P yes, sir.  Snare could you explain that to everybody.

Thank you I think that was in Brooklyn is rather rather than having one appointed accommodation transportation is proposed in the back.  Currently there's full-time point I knew.  A. was it clear field that everybody wanted to sue some change in the government structure I feel like one member's being the commissioner is kind of.  Is if you're buy yourselves making making the decisions I call the three member makeup.  And worked great for over 80 years some of the issues the members had had occurred so my motion is to replace it with a three member appointed transportation commission narrow okay for clarification for president membership and to make sure I'm correct Jennifer.  Is that some of the staff p recommendation was to stay with one that was severed so therefore unless we modify the report then we would stay with the five p person commission, correct.

Correct narrow and so that are therefore Senator nickels.  Taken that severance expos I don't know in pane members if we do so speak up.

Tell you Senator represents barnen:  Did you.  Just make ample couple commence on this.

I think ultimate problem with me TexDOT is there is not a direct point:  Responsibility and when one of three or five commissioners there is always synonymous say if you remember I can get this done the way you want.

A.   That's why I p greatly.  One appointed by the governor.  Almost becoming a cab innocent level position and at that point and representative thin he is I agree with you about those.  At that point we have A. statement wide governor who must be accountable for at TexDOT governor and hereafter p appoint and they must be when sentence no one else to point.  Suggest it's not doing it experiment cooperative.  And case today.  But it makesment very direct in the line of accountability and they.  Or three to two any how that's my piece.  I'm E. representative happier p Browning.  3harper brown.  Discussion and president John Partain January 13, 2011.

And the issue for me was caliber I tried sum up:  Tell me end of the day accountability and make suring.  Talking about the past and I want to know about the future.  And instead of five and I think that's condition which is appear different condition:  It was.

Six to five so it was pretty close.

What through the legislative process legislative the House took a different approach.  I understand the issue at the made a and made a.

John Partain January 13, 2011.

Name.

Many of.

John Partain January 13, 2011