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         the previously adopted substitute be withdrawn;  there being no  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