MINUTES SENATE COMMITTEE ON EDUCATION Wednesday, May 2, 2001 9:00 a.m. Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Education was held on Wednesday, May 2, 2001, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Teel Bivins None Senator Judith Zaffirini Senator David Cain Senator Jane Nelson Senator Florence Shapiro Senator David Sibley Senator Todd Staples Senator Carlos Truan Senator Leticia Van de Putte ***** The chair called the meeting to order at 9:07 a.m. The following business was transacted: Senator Staples assumed the chair. The chair laid out HB3343 and recognized the Senate sponsor, 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. Senator Bivins moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins resumed the chair. At 9:55 a.m. Senator Bivins moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. At 4:25 p.m. the committee reconvened. Senator Nelson assumed the chair. Testimony resumed. Senator Bivins moved that the previously adopted substitute be withdrawn; there being no objection, it was so ordered. 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. The chair moved that HB3343 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB3343 do not pass but that CSHB3343 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins resumed the chair. The chair laid out HB467 and recognized the Senate sponsor, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute; the chair recognized Senator Nelson 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB467 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB467 do not pass but that CSHB467 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 HB461 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 Bivins moved that HB461 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB461 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 HB462 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 Bivins moved that HB462 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB462 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 HB459 and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Senator Bivins sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Bivins requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Bivins then moved that the committee substitute be adopted; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB459 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Truan moved that HB459 do not pass but that CSHB459 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Truan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Zaffirini assumed the chair. The chair laid out HB623 and recognized the Senate sponsor, 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. Senator Bivins moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini moved that HB623 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB623 do not pass but that CSHB623 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Bivins resumed the chair. The chair laid out HB1465 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB1465 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Truan moved that HB1465 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 SB1102 and recognized the author, Senator Barrientos, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Barrientos 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. Senator Bivins moved that SB1102 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Truan moved that SB1102 do not pass but that CSSB1102 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Truan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB2864 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 Bivins moved that HB2864 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Cain moved that HB2864 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 HB1671 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. Senator Bivins moved that HB1671 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Cain moved that HB1671 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 HB2584 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB2584 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Truan moved that HB2584 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Truan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB1769 and recognized the author, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that SB1769 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that SB1769 be left pending. The chair laid out SB265 and recognized the author, Senator Ogden, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Ogden 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. Senator Bivins moved that SB265 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that SB265 be left pending. Senator Zaffirini assumed the chair. The chair laid out HB1011 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Zaffirini moved that HB1011 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB1011 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1127 and recognized the Senate sponsor, 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. Senator Bivins moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini moved that HB1127 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 Bivins requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Bivins then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Bivins moved that HB1127 do not pass but that CSHB1127 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1685 and recognized the Senate sponsor, 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. Senator Bivins moved adoption of the committee substitute; without objection, it was so ordered. Senator Zaffirini moved that HB1685 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB1685 do not pass but that CSHB1685 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1938 and recognized the Senate sponsor, 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. Senator Bivins moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini moved that HB1938 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB1938 do not pass but that CSHB1938 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Nelson assumed the chair. The chair laid out SJR52 and recognized the author, Senator Bivins, to explain the bill. Senator Nelson moved that SJR52 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bivins moved that SJR52 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Bivins resumed the chair. The chair laid out HB1532 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Bivins moved that HB1532 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB1532 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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. Senator Nelson assumed the chair. The chair laid out SB852 and recognized Senator Bivins, in the absence of the author, 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. Senator Bivins moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that SB852 be left pending; without objection, it was so ordered. Senator Bivins resumed the chair. The chair laid out SB927 and recognized the author, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson moved that SB927 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. The chair laid out HB1799 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. Senator Truan moved that HB1799 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 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 SB1389 and recognized the author, Senator Armbrister, to explain the bill. Senator Nelson sent up a committee substitute; the chair recognized Senator Armbrister 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that SB1389 be left pending; without objection, it was so ordered. The chair laid out HB108 and recognized the Senate sponsor, Senator Truan, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Truan moved that HB108 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Truan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There was no action taken for the following bill(s): SB 475 by Bernsen Senator Van de Putte moved adoption of the minutes from the previous hearings held on April 25, 2001, and April 30, 2001; without objection, it was so ordered. There being no further business, at 7:07 p.m. 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