MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                                Monday, May 7, 2001 
                           10:30 a.m. or upon adjournment 
                            Capitol Extension Auditorium 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Education was  
         held on Monday, May 7, 2001, in the Capitol Extension Auditorium  
         at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Teel Bivins                     Senator Todd Staples 
         Senator Judith Zaffirini 
         Senator David Cain 
         Senator Jane Nelson 
         Senator Florence Shapiro 
         Senator David Sibley 
         Senator Carlos Truan 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 4:10 p.m.  The  
         following business was transacted:   
          
         The chair laid out HB323 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.   
         Senator Bivins moved that HB323 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that HB323 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.   
          
         The chair laid out HB2344 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.   
         Senator Bivins moved that HB2344 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that HB2344 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.   
         The chair laid out HB2238 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.  Senator Bivins moved that HB2238 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Truan moved that HB2238 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.   
          
         The chair laid out HB1188 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  Senator Van de Putte  
         sent up a committee substitute; the chair recognized Senator Van  
         de Putte to explain the difference between the committee  
         substitute and the bill as filed.  Senator Van de Putte 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  
         HB1188 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Truan moved  
         that HB1188 do not pass but that CSHB1188 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.   
          
         The chair laid out HB1688 and recognized Senator Van de Putte,  
         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 HB1688 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Truan moved that HB1688 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.   
          
         The chair laid out HB400 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  Senator Van de Putte  
         sent up a committee substitute; the chair recognized Senator Van  
         de Putte to explain the difference between the committee  
         substitute and the bill as filed.  Senator Van de Putte 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 HB400  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Truan moved that  
         HB400 do not pass but that CSHB400 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.   
          
         The chair laid out SB903 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Bivins moved that SB903 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Truan moved that SB903 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.   
          
         The chair laid out HB47 and recognized the Senate sponsor,  
         Senator Madla, to explain the bill.  Senator Van de Putte sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  Senator Van de Putte requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator Van  
         de Putte 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 HB47 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Bivins moved that HB47 be left pending.   
          
         The chair laid out HB328 and recognized the Senate sponsor,  
         Senator Madla, to explain the bill.  Senator Van de Putte sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  Senator Van de Putte requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator Van  
         de Putte 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 HB328 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Truan moved that HB328 do not pass but that CSHB328 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.   
          
         The chair laid out HB2349 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill.  Senator Bivins moved that  
         HB2349 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Sibley moved  
         that HB2349 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 Sibley moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB1403 and recognized the Senate sponsor,  
  
         Senator Van de Putte, to explain the bill.  Senator Van de Putte  
         sent up a committee substitute; the chair recognized Senator Van  
         de Putte to explain the difference between the committee  
         substitute and the bill as filed.  Senator Van de Putte sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Van de Putte requested unanimous  
         consent to roll the amendment into the committee substitute;  
         without objection, it was so ordered.  Senator Van de Putte then  
         moved that the new committee substitute be adopted; without  
         objection, it was so ordered.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Van de Putte moved that HB1403 do not pass but that CSHB1403 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.   
          
         The chair laid out HB3524 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 HB3524 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that HB3524 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.   
          
         The chair laid out SB824 and recognized the author, Senator  
         Truan, to explain the bill.  Senator Truan sent up a committee  
         substitute; the chair recognized Senator Truan to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Truan 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 SB824 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Truan moved that SB824 do not pass but that  
         CSSB824 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.   
          
         The chair laid out HB1640 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  
         Bivins moved that HB1640 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Truan moved that HB1640 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.   
          
         The chair laid out HB1941 and recognized the Senate sponsor,  
         Senator Truan, to explain the bill.  Senator Bivins moved that  
         HB1941 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Truan moved  
         that HB1941 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 Truan assumed the chair. 
            
         The chair laid out HB2109 and recognized Senator Bivins, in the  
         absence of the Senate sponsor, 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 Truan moved that HB2109 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Truan moved that HB2109 do not pass  
         but that CSHB2109 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 Bivins resumed the chair.   
          
         The chair laid out HB946 and recognized Senator Truan, 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 HB946 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Cain moved that HB946 do not pass but that  
         CSHB946 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 SB1827 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Truan sent up a  
         committee substitute; the chair recognized Senator Armbrister to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Truan 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 SB1827 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
  
         a quorum, Senator Truan moved that SB1827 do not pass but that  
         CSSB1827 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 HB1475 and recognized Senator Truan, in the  
         absence of the Senate sponsor, to explain the bill. Senator Cain  
         sent up Committee Amendment 1 and moved adoption; without  
         objection, the amendment was adopted.  Senator Cain requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator Cain  
         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 HB1475 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Truan moved that HB1475 do not pass but that CSHB1475 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.   
          
         The chair laid out HB2459 and recognized Senator Zaffirini, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         Bivins moved that HB2459 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Truan moved that HB2459 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 HB106 and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill.  Senator Zaffirini sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  Senator Zaffirini requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Zaffirini 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 HB106 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Bivins moved that HB106 be left pending.   
          
         The chair laid out HB2397 and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill.  Senator Zaffirini sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  Senator Zaffirini requested  
         unanimous consent to roll the amendments into a committee  
  
         substitute; without objection, it was so ordered.  Senator  
         Zaffirini 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 HB2397 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Truan moved that HB2397 do not pass but that CSHB2397 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.   
          
         The chair laid out HB2575 and recognized Senator Zaffirini, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         Zaffirini sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Zaffirini  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Zaffirini 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 HB2575 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Shapiro moved that HB2575 do not pass but that  
         CSHB2575 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 Shapiro moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB2888 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 Bivins moved that HB2888 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Shapiro moved that HB2888 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 Shapiro  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out HB3265 and recognized Senator Shapiro, 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 HB3265 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Bivins moved that HB3265 be left pending.   
          
         The chair laid out HB42 and recognized Senator Shapiro, 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 HB42 be left pending to await a  
  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that HB42 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 Shapiro assumed the chair.   
          
         The chair laid out HB2531 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  
         Shapiro moved that HB2531 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Bivins moved that HB2531 do not pass but that CSHB2531  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 5 ayes, 0 nay, 0 present not voting, and 4 absent.   
          
         Senator Bivins resumed the chair.   
          
         The chair laid out HB1023 and recognized the Senate sponsor,  
         Senator Ogden, to explain the bill.  Senator Sibley sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Sibley requested unanimous  
         consent to roll the amendment into a committee substitute;  
         without objection, it was so ordered.  Senator Sibley 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 Sibley moved that  
         HB1023 do not pass but that CSHB1023 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 Sibley moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB1024 and recognized the Senate sponsor,  
         Senator Ogden, to explain the bill.  Senator Sibley sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Sibley requested unanimous  
         consent to roll the amendments into a committee substitute;  
         without objection, it was so ordered.  Senator Sibley 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 Sibley moved that  
         HB1024 do not pass but that CSHB1024 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 Sibley moved that the  
         bill be recommended for placement on the Local & Uncontested  
  
         Calendar; without objection, it was so ordered. 
          
         The chair laid out HB457 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  
         Sibley moved that HB457 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 Sibley 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 265 by Ogden 
         SB 852 by Harris 
         SB 1314 by Staples 
          
         There being no further business, at 7:10 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