MINUTES SENATE COMMITTEE ON EDUCATION Friday, May 11, 2001 9:00 a.m. or upon adjournment Capitol Extension, Room E1.016 ***** Pursuant to suspension of Senate Rule 11.18, a public hearing of the Senate Committee on Education was held on Friday, May 11, 2001, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Teel Bivins Senator Judith Zaffirini Senator David Cain Senator David Sibley Senator Jane Nelson Senator Florence Shapiro Senator Todd Staples Senator Carlos Truan Senator Leticia Van de Putte ***** The chair called the meeting to order at 10:55 a.m. The following business was transacted: The posting rule, Senate Rule 11.18, was suspended to hear the following bills. Senator Shapiro assumed the chair. The chair laid out HB6 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Bivins moved that the previously adopted substitute be withdrawn; there being no objection, it was so ordered.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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapiro moved that HB6 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB6 do not pass but that CSHB6 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 Staples 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 HB2043 and recognized the Senate sponsor, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB2043 be left pending; without objection, it was so ordered. The chair laid out HB2816 and recognized the Senate sponsor, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB2816 be left pending; without objection, it was so ordered. The chair laid out HB3303 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 HB3303 be left pending; without objection, it was so ordered. The chair laid out HB2510 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 Bivins moved that HB2510 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB2510 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. At 12:50 p.m. Senator Bivins moved that the committee stand recessed; without objection, it was so ordered. At 1:55 p.m. the committee reconvened. Senator Truan assumed the chair. The chair laid out HB2879 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 Truan moved that HB2879 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB2879 do not pass but that CSHB2879 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 HB660 and recognized the Senate sponsor, 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 HB660 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Van de Putte moved that HB660 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 HB1721 and recognized the Senate sponsor, 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 HB1721 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Van de Putte moved that HB1721 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 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 HB2323 and recognized the Senate sponsor, Senator Shapleigh, 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 Shapleigh 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. Senator Cain moved that HB2323 do not pass but that CSHB2323 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, 1 nay, 0 present not voting, and 2 absent. The chair laid out HB1359 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB1359 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, a motion was made that HB1359 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. The chair laid out HB3313 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB3313 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Van de Putte moved that HB3313 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. The chair laid out HB1645 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 HB1645 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB1645 do not pass but that CSHB1645 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1776 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. Senator Bivins moved that HB1776 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Nelson moved that HB1776 do not pass but that CSHB1776 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. The chair laid out HB3164 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 HB3164 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 2 nays, 0 present not voting, and 2 absent. At 4:55 p.m. Senator Bivins moved that the committee stand recessed; without objection, it was so ordered. The committee reconvened. The chair laid out HB1310 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 HB1310 be left pending; without objection, it was so ordered. The chair laid out HB729 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 HB729 be left pending; without objection, it was so ordered. The chair laid out HB2125 and recognized the Senate sponsor, Senator Truan, to explain the bill. Senator Bivins moved that HB2125 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Truan moved that HB2125 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. Senator Truan assumed the chair. The chair laid out HB2452 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 Truan moved that HB2452 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB2452 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB152 and recognized Senator Bivins, in the absence of the Senate sponsor, to explain the bill. Senator Truan moved that HB152 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB152 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB704 and recognized Senator Bivins, in the absence of the Senate sponsor, to explain the bill. Senator Truan moved that HB704 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that HB704 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 HB927 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Truan moved that HB927 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that HB927 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 HB1144 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Truan moved that HB1144 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB1144 do not pass but that CSHB1144 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 HB910 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 Truan moved that HB910 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. The chair laid out HB1276 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Senator Bivins moved that HB1276 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB1276 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1387 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 HB1387 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Truan moved that HB1387 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, 2 nays, 0 present not voting, and 2 absent. The chair laid out HB1575 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Senator Bivins moved that HB1575 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that HB1575 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 HB1755 and recognized the Senate sponsor, Senator Staples, to explain the bill. Senator Bivins moved that HB1755 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB1755 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB2108 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB2108 be left pending; without objection, it was so ordered. The chair laid out HB2682 and recognized the Senate sponsor, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Bivins moved that HB2682 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Cain moved that HB2682 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 Cain moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB3147 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. Senator Van de Putte moved that HB3147 be reported favorably 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 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 HB3469 and recognized the Senate sponsor, Senator West, to explain the bill. Senator Bivins moved that HB3469 be left pending; without objection, it was so ordered. The chair laid out HB3590 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. Senator Van de Putte moved that HB3590 be reported favorably 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 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 HB106 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Senator Cain moved that the committee reconsider the vote by which the committee substitute was adopted; there being no objection, it was so ordered. Senator Cain moved that HB106 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 1 nay, 0 present not voting, and 2 absent. The chair advised that HB1143 had been tagged pursuant to Senate Rule 11.19 and would not be heard. There was no action taken for the following bill(s): HB 47 McClendon/Madla HB 3265 Lewis/Ogden SB 265 Ogden SCR 56 Barrientos Senator Shapiro moved adoption of the minutes from the previous hearings held on May 2, 2001, and May 7, 2001; without objection, it was so ordered. There being no further business, at 8:55 a.m. Senator Truan moved that the Committee be adjourned. Without objection, it was so ordered. ______________________ Senator Teel Bivins, Chair ______________________ Krissy Lilljedahl, Clerk