MINUTES SENATE COMMITTEE ON EDUCATION Wednesday, May 12, 1999 11:00 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, May 12, 1999 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Teel Bivins Senator Gregory Luna Senator David Cain Senator Jane Nelson Senator Steve Ogden Senator Bill Ratliff Senator David Sibley Senator Royce West Senator Judith Zaffirini ***** The Chair called the meeting to order at 1:30 pm. The following business was transacted. Committee minutes from the previous two hearings were approved. At 1:30 pm Senator Zaffirini assumed the chair. The Chair laid out HB 90 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. 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. Senator Bivins moved adoption of the committee substitute, without objection, it was so ordered. Senator Bivins moved that HB 90 do not pass but that CSHB 90 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 5 ayes, 1 nay, 0 present not voting, and 3 absent. At 1:35 pm Senator Bivins resumed the chair. The Chair laid out HB 1027 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Sibley moved that HB 1027 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 0 present not voting, and 3 absent. Senator Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1882 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson sent up a committee substitute; the Chair recognized Senator Haywood to explain the difference between the committee substitute and the bill as filed. Senator Nelson moved adoption of the committee substitute, without objection, it was so ordered. The Chair moved that HB 1882 be left pending; without objection, it was so ordered. The Chair laid out HB 2261 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2261 be left pending; without objection, it was so ordered. The Chair laid out HB 2685 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2685 be left pending; without objection, it was so ordered. The Chair laid out HB 2992 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 2992 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB 2992 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 3476 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3476 be left pending; without objection, it was so ordered. The Chair laid out HB 2260 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2260 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Zaffirini moved that HB 2260 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 2172 and recognized the Senate sponsor, Senator Cain, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2172 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved that HB 2172 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Cain moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 3544 and recognized the Senate sponsor, Senator Cain, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Cain sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Cain requested unanimous consent to incorporate the amendment into the bill to create a committee substitute; without objection, it was so ordered. Senator Cain then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Cain moved that HB 3544 do not pass but that CSHB 3544 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Cain moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1874 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1874 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Zaffirini moved that HB 1874 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1961 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1961 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Bivins sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini requested unanimous consent to incorporate the amendment into the bill to create a committee substitute. Senator Zaffirini then moved that the new committee substitute be adopted. Senator Zaffirini moved that HB 1961 do not pass but that CSHB 1961 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, 1 nay, 0 present not voting, and 1 absent. The Chair laid out HB 2021 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ratliff sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ratliff requested unanimous consent to incorporate the amendment into the bill to create a committee substitute; without objection, it was so ordered. Senator Ratliff then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Ratliff moved that HB 2021 do not pass but that CSHB 2021 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out HB 2547 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2547 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Zaffirini moved that HB 2547 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:50 pm Senator Ogden assumed the chair. The Chair laid out HB 3551 and recognized Senator Bivins, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3551 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ratliff moved that HB 3551 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 2553 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2553 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ratliff moved that HB 2553 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:55 pm Senator Bivins resumed the chair. The Chair laid out SCR 78 and recognized Senator Cain, in the absence of the author, to explain the bill. The Chair moved that SCR 78 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Zaffirini moved that SCR 78 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1056 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 1056 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Zaffirini moved that HB 1056 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, 1 nay, 0 present not voting, and 1 absent. The Chair laid out HB 1542 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1542 be left pending; without objection, it was so ordered. The Chair laid out HB 3739 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3739 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved that HB 3739 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 3762 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3762 be left pending; without objection, it was so ordered. The Chair laid out HB 1049 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1049 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ratliff moved that HB 1049 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1689 and recognized Senator Zaffirini, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini sent up a committee substitute; the Chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Senator Zaffirini moved adoption of the committee substitute, without objection, it was so ordered. The Chair moved that HB 1689 be left pending; without objection, it was so ordered. The Chair laid out HB 385 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ogden sent up a committee substitute; the Chair recognized Senator Duncan to explain the difference between the committee substitute and the bill as filed. Senator Ogden moved adoption of the committee substitute, without objection, it was so ordered. The Chair moved that HB 385 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB 385 do not pass, but that CSHB 385 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, 1 nay, 0 present not voting, and 1 absent. At 3:45 pm Senator Zaffirini assumed the chair. At 3:50 pm Senator Bivins resumed the chair. The Chair laid out HB 2591 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2591 be left pending; without objection, it was so ordered. The Chair laid out HB 772 and recognized the Senate sponsor, Senator Nelson, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson moved that HB 772 be reported favorably 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 2 absent. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1618 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ratliff moved that HB 1618 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:10 pm Senator Zaffirini assumed the chair. At 5:15 pm Senator Bivins resumed the chair. The Chair laid out HB 2307 and recognized the Senate sponsor, Senator Sibley, to explain the bill. At 5:25 pm Senator Zaffirini assumed the chair. Senator Bivins sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. At 5:26 pm Senator Bivins resumed the chair. Senator Sibley requested unanimous consent to incorporate the amendment into the bill to create a committee substitute; without objection, it was so ordered. Senator Sibley then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Sibley moved that HB 2307 do not pass but that CSHB 2307 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 2415 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Sibley moved that HB 2415 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out HB 1418 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini requested unanimous consent to incorporate the amendment into the bill to create a committee substitute; without objection, it was so ordered. The Chair moved that HB 1418 be left pending; without objection, it was so ordered. There being no further business, at 6:00 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