MINUTES
         
                          SENATE COMMITTEE ON EDUCATION
                           Wednesday, February 26, 1997
                                     9:30 am
                          Capitol Extension, Room E1.012
         
                                      *****
         
         
         
         Pursuant to a notice posted in accordance with Senate Rule 
         11.11, a public hearing of the Senate Committee on Education was 
         held on Wednesday, February 26, 1997 in the Capitol Extension, 
         Room E1.012, at Austin, Texas.  
         
                                      *****
         
         MEMBERS PRESENT:                        MEMBERS ABSENT:
         Senator Teel Bivins                     Senator Troy Fraser
         Senator Gregory Luna
         Senator Gonzalo Barrientos
         Senator Michael Galloway
         Senator Tom Haywood
         Senator Bill Ratliff
         Senator Eliot Shapleigh
         Senator David Sibley
         Senator Royce West
         Senator Judith Zaffirini
         
                                      *****
         
         The Chair called the meeting to order at 9:40 am.  There being 
         a quorum present, the following business was transacted.  
         
         The chair called Billy Jacobs and Christi Martin of the Texas 
         Education Agency to brief the committee on the issue of 
         alternative education.  Witness information shown on the 
         attached list.
         
         At 10:20 am Senator Luna assumed the chair.  
         
         The Chair laid out SB 136 and recognized the author, Senator 
         Bivins, to explain the bill.  Senator Bivins sent up a committee 
         substitute; the Chair recognized Senator Bivins to explain the 
         difference between the committee substitute and the bill as 
         filed.  Witnesses testifying and registering on the bill are 
         shown on the attached list.  
         
         At 11:20 am Senator Bivins resumed the chair.  
         
         At 11:22 am the chair recessed for lunch until 30 minutes after 
         adjournment of the Senate.
         
 
         





         The committee reconvened at 1:25 pm.
         
         At 1:25 pm Senator Luna assumed the chair.  
         
         Additional testimony was taken on SB 136/CSSB 136. Witnesses 
         testifying and registering on the bill are shown on the attached 
         list.  
         
         Senator Bivins sent up Committee Amendment 1 and moved adoption; 
         without objection, the amendment was adopted.  
         
         Senator Bivins sent up Committee Amendment 2 and moved adoption; 
         without objection, the amendment was adopted.  
         
         Senator West sent up Committee Amendment 3 and moved adoption; 
         without objection, the amendment was adopted.  
         
         Senator West sent up Committee Amendment 4 and moved adoption; 
         without objection, the amendment was adopted.  
         
         Senator West sent up Committee Amendment 5 and moved adoption; 
         without objection, the amendment was adopted.  
         
         Senator Bivins requested unanimous consent to incorporate 
         amendments into the committee substitute, without objection, the 
         motion carried.  Senator Bivins then moved that the new 
         committee substitute be adopted, without objection, the motion 
         carried.  Senator Bivins moved that SB 136 do not pass but that 
         CSSB 136 be reported back to the Senate with the recommendation 
         that it do pass and be printed.  The motion carried with a vote 
         of 10 ayes, 0 nays, 0 present not voting, and 1 absent.  
         The Chair laid out SB 132 and recognized the author, Senator 
         Bivins, to explain the bill.  Senator Haywood sent up a 
         committee substitute; the Chair recognized Senator Bivins to 
         explain the difference between the committee substitute and the 
         bill as filed.  Witnesses testifying and registering on the bill 
         are shown on the attached list.  The Chair moved that SB 132 be 
         left pending to await a quorum; without objection it was so 
         ordered.  Upon arrival of a quorum, Senator Bivins then moved 
         that the new committee substitute be adopted, without objection, 
         the motion carried.  Senator Bivins moved that SB 132 do not 
         pass but that CSSB 132 be reported back to the Senate with the 
         recommendation that it do pass and be printed.  The motion 
         carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 
         2 absent.  Senator Bivins requested unanimous consent to certify 
         the bill for Local & Uncontested Calendar; without objection, it 
         was so ordered.  
         
         The Chair laid out SB 138 and recognized the author, Senator 
         Bivins, to explain the bill.  Witnesses testifying and 
         registering on the bill are shown on the attached list.  The 
         Chair moved that SB 138 be left pending to await a quorum; 
         without objection it was so ordered.  Upon arrival of a quorum, 
         Senator Bivins moved SB 138 be reported back to the senate with
 
         





         the recommendation that it do pass and be printed.  The motion 
         carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 
         2 absent. Senator Bivins requested unanimous consent to certify 
         the bill for Local & Uncontested Calendar; without objection, it 
         was so ordered.  
         
         The Chair laid out SB 137 and recognized the author, Senator 
         Bivins, to explain the bill.  Witnesses testifying and 
         registering on the bill are shown on the attached list.  The 
         Chair moved that SB 137 be left pending to await a quorum; 
         without objection it was so ordered.  Upon arrival of a quorum, 
         Senator Bivins moved SB 137 be reported back to the senate with 
         the recommendation that it do pass and be printed.  The motion 
         carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 
         2 absent. Senator Bivins requested unanimous consent to certify 
         the bill for Local & Uncontested Calendar; without objection, it 
         was so ordered.  
         
         The Chair laid out SB 140 and recognized the author, Senator 
         Bivins, to explain the bill.  Witnesses testifying and 
         registering on the bill are shown on the attached list.  The 
         Chair moved that SB 140 be left pending to await a quorum; 
         without objection it was so ordered.  Upon arrival of a quorum, 
         Senator Bivins moved SB 140 be reported back to the senate with 
         the recommendation that it do pass and be printed.  The motion 
         carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 
         2 absent.  
         At 3:50 pm Senator Bivins resumed the chair.  
         
         The Chair laid out SB 598 and recognized the author, Senator 
         Wentworth, to explain the bill.  Witnesses testifying and 
         registering on the bill are shown on the attached list.  Senator 
         Sibley sent up Committee Amendment 1.  Senator Bivins moved that 
         SB 598 be left pending; without objection, it was so ordered.
         
         The Chair laid out SB 410 and recognized the author, Senator 
         Nelson, to explain the bill.  Senator Sibley sent up a committee 
         substitute; the Chair recognized Senator Nelson to explain the 
         difference between the committee substitute and the bill as 
         filed.  Witnesses testifying and registering on the bill are 
         shown on the attached list.  The Chair moved that SB 410 be left 
         pending to await a quorum; without objection it was so ordered. 
         Upon arrival of a quorum, Senator Bivins then moved that the new 
         committee substitute be adopted, without objection, the motion 
         carried.  Senator Bivins moved that SB 410 do not pass but that 
         CSSB 410 be reported back to the Senate with the recommendation 
         that it do pass and be printed.  The motion carried with a vote 
         of 7 ayes, 0 nays, 0 present not voting, and 4 absent. Senator 
         Bivins requested unanimous consent to certify the bill for Local 
         & Uncontested Calendar; without objection, it was so ordered.  
         
         At 4:30 pm Senator Sibley assumed the chair.  
         
         The Chair laid out SB 523 and recognized the author, Senator
 
         





         Bivins, to explain the bill.  Witnesses testifying and 
         registering on the bill are shown on the attached list.  The 
         Chair moved that SB 523 be left pending to await a quorum; 
         without objection it was so ordered.  Upon arrival of a quorum, 
         Senator Bivins moved SB 523 be reported back to the senate with 
         the recommendation that it do pass and be printed.  The motion 
         carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 
         2 absent.  Senator Bivins requested unanimous consent to certify 
         the bill for Local & Uncontested Calendar; without objection, it 
         was so ordered.  
         
         The Chair laid out SB 133 and recognized the author, Senator 
         Bivins, to explain the bill.  Senator Bivins sent up a committee 
         substitute; the Chair recognized Senator Bivins to explain the 
         difference between the committee substitute and the bill as 
         filed.  Witnesses testifying and registering on the bill are 
         shown on the attached list.  Senator Bivins moved that SB 133 be 
         left pending; without objection, it was so ordered.
         
         The Chair laid out SB 139 and recognized the author, Senator 
         Bivins, to explain the bill.  Senator Bivins sent up a committee 
         substitute; the Chair recognized Senator Bivins to explain the 
         difference between the committee substitute and the bill as 
         filed.  Witnesses testifying and registering on the bill are 
         shown on the attached list.  The Chair moved that SB 139 be left 
         pending to await a quorum; without objection it was so ordered. 
         Upon arrival of a quorum, Senator Bivins then moved that the new 
         committee substitute be adopted, without objection, the motion 
         carried.  Senator Bivins moved that SB 139 do not pass but that 
         CSSB 139 be reported back to the Senate with the recommendation 
         that it do pass and be printed.  The motion carried with a vote 
         of 9 ayes, 0 nays, 0 present not voting, and 2 absent.  
         
         The Chair laid out SB 135 and recognized the author, Senator 
         Bivins, to explain the bill.  Senator Bivins sent up a committee 
         substitute; the Chair recognized Senator Bivins to explain the 
         difference between the committee substitute and the bill as 
         filed.  Witnesses testifying and registering on the bill are 
         shown on the attached list.  The Chair moved that SB 135 be left 
         pending to await a quorum; without objection it was so ordered. 
         Upon arrival of a quorum, Senator Bivins then moved that the new 
         committee substitute be adopted, without objection, the motion 
         carried.  Senator Bivins moved that SB 135 do not pass but that 
         CSSB 135 be reported back to the Senate with the recommendation 
         that it do pass and be printed.  The motion carried with a vote 
         of 9 ayes, 0 nays, 0 present not voting, and 2 absent. 
         
         There was no action taken on SB 134. 
         
         At 6:00 pm Senator Bivins resumed the chair.  
         
         The chair read into the record an excused absence and statement 
         of support for the alternative education legislation before the 
         committee by Senator Fraser.
 
         





         
         The chair acknowledged on record a letter from Governor Bush in 
         support of the alternative education legislation before the 
         committee.
         
         There being no further business, at 6:05 pm Senator Bivins moved 
         that the Committee stand recessed subject to the call of the 
         Chair.  Without objection, it was so ordered.  
         
         
         
         
         ______________________
         Senator Teel Bivins, Chair
         
         ______________________
         Krissy Lilljedahl, Clerk