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