MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                               Wednesday, May 9, 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 9, 2001, in the Capitol Extension, Room  
         E1.012, 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 1:25 p.m.  The  
         following business was transacted:   
          
         The chair laid out HB2301 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill.  Senator Bivins moved that  
         HB2301 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Nelson moved  
         that HB2301 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 Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB1088 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Bivins moved that HB1088 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Shapiro moved that HB1088 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 HB1716 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.  Senator Bivins moved that HB1716 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Van de Putte moved that HB1716 do  
         not pass but that CSHB1716 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 Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB2279 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 HB2279 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Zaffirini moved that HB2279 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 Zaffirini  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB1840 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Bivins moved that SB1840  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Van de Putte moved  
         that SB1840 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 Van de Putte moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB2006 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 HB2006 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Bivins moved that HB2006 be  
         left pending.   
          
         The chair laid out HB2007 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 HB2007 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Bivins moved that HB2007 be  
         left pending.   
          
         The chair laid out HB2143 and recognized the Senate sponsor,  
  
         Senator Truan, to explain the bill.  Senator Bivins moved that  
         HB2143 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Zaffirini  
         moved that HB2143 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 Zaffirini moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB1985 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 HB1985 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Zaffirini moved that HB1985 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 Zaffirini 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 HB3558 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.  Senator Truan moved that HB3558 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Zaffirini moved that HB3558 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 Zaffirini  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out HB2054 and recognized Senator Bivins, in the  
         absence of the Senate sponsor, to explain the bill.  Senator  
         Truan moved that HB2054 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Zaffirini moved that HB2054 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 Zaffirini moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB2766 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.  Senator Truan moved that HB2766 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Zaffirini moved that HB2766 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 resumed the chair.   
          
         The chair laid out HB3028 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  
         Bivins moved that HB3028 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Van de Putte moved that HB3028 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 Van de Putte moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out HB3526 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 HB3526 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Van de Putte moved that HB3526 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 Van de Putte moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Sibley assumed the chair.   
          
         The chair laid out HB821 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 Sibley moved that HB821 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Nelson moved that HB821 do not pass but that  
         CSHB821 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 6 ayes, 0 nay, 0 present not voting, and 3  
         absent.  Senator Nelson 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 HB3699 and recognized the Senate sponsor,  
         Senator Bernsen, to explain the bill.  Senator Truan sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Truan requested unanimous  
         consent to roll the amendments into a committee substitute;  
         without objection, it was so ordered.  Senator Truan then moved  
  
         that the committee substitute be adopted; without objection, it  
         was so ordered.  Senator Bivins moved that HB3699 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Zaffirini moved that HB3699 do  
         not pass but that CSHB3699 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 Zaffirini moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Sibley assumed the chair.   
          
         The chair laid out HB3463 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  
         Sibley moved that HB3463 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Nelson moved that HB3463 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 Nelson 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 HJR85 and recognized the Senate sponsor,  
         Senator Lindsay, to explain the bill.  Senator Truan moved that  
         HJR85 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Nelson moved  
         that HJR85 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 Nelson 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 HB6 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 moved that HB6 be left pending; without objection, it was  
         so ordered.   
          
         Senator Van de Putte assumed the chair.   
          
         The chair laid out HB3258 and recognized Senator Nelson, in the  
         absence of the Senate sponsor, to explain the bill.  Senator Van  
         de Putte moved that HB3258 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Nelson moved that HB3258 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 Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Bivins resumed the chair.   
          
         There was no action taken for the following bill(s):  
          
         HB 47 by McClendon/Madla 
         HB 106 by Gutierrez/Zaffirini 
         HB 3265 by Lewis/Ogden 
         SB 265 by Ogden 
         SB 1314 by Staples 
          
         There being no further business, at 6:50 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