MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Tuesday, April 29, 2003 
                                     8:30 a.m. 
                           Capitol Extension, Room E1.028 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Education was  
         held on Tuesday, April 29, 2003, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                None 
         Senator Royce West 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:34 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator West moved adoption of the minutes from the previous  
         hearings held on April 22, 2003, and April 24, 2003; without  
         objection, it was so ordered.   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): SB 166. 
          
         The chair laid out HB 1564 and recognized the Senate sponsor,  
         Senator Nelson, to explain the bill.   
          
         Senator Janek sent up a committee substitute; the chair  
         recognized Senator Nelson to explain the difference between the  
         committee substitute and the bill as filed.  Senator Janek 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that HB 1564 be left pending to await a quorum;  
  
         without objection, it was so ordered.   
          
         The chair laid out SB 1181 and recognized the author, Senator  
         West, to explain the bill.   
          
         At 9:40 a.m. Senator Zaffirini assumed the chair.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         At 9:43 a.m. Senator Shapiro resumed the chair.   
          
         The chair moved that SB 1181 be left pending; without objection,  
         it was so ordered.   
          
         The chair laid out SB 1038 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Zaffirini sent up a committee substitute; the chair  
         recognized Senator Barrientos to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Zaffirini 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that SB 1038 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out HB 854 and recognized the Senate sponsor,  
         Senator Duncan, to explain the bill.   
          
         Senator Zaffirini sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that HB 854 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out SB 4 and recognized the author, Senator  
         Zaffirini, to explain the bill.   
          
         Senator Zaffirini sent up a committee substitute; the chair  
         recognized Senator Zaffirini to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Zaffirini 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that SB 4 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         At 10:25 p.m. the chair moved that the committee stand recessed  
         until after adjournment of the Senate; without objection, it was  
         so ordered.  At 6:05 p.m. the committee reconvened.   
          
         The chair laid out HB 1226 and recognized the Senate sponsor,  
         Senator Williams, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that HB 1226 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1820 and recognized the author, 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that SB 1820 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out HB 1949 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that HB 1949 be left pending to await a quorum;  
         without objection, it was so ordered. 
          
         The chair laid out HB 882 and recognized Senator Van de Putte,  
         in the absence of the Senate sponsor, 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.   
  
                                              SENATE COMMITTEE ON EDUCATION 
                                                                    Minutes 
                                                    Tuesday, April 29, 2003 
                                                                      page   4 
                                                                            
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.      
          
         The chair moved that HB 882 be left pending;without objection,  
         it was so ordered.   
          
         Upon arrival of a quorum, Senator West moved that SB 4 do not  
         pass but that CSSB 4 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         Upon arrival of a quorum, Senator West moved that SB 1038 do not  
         pass but that CSSB 1038 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         Senator West moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Upon arrival of a quorum, Senator Williams moved that SB 1820 do  
         not pass but that CSSB 1820 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         Senator Williams moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.     
          
         Upon arrival of a quorum, Senator Janek moved that HB 854, as  
         amended, be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 9 ayes, 0 nay, 0 present not voting, and 0  
         absent.   
          
         Senator West moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Ogden sent up Committee Amendment 1 to CSHB 1564 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Ogden requested unanimous consent to incorporate  
         amendments into the committee substitute; without objection, it  
         was so ordered.  Senator Ogden then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Ogden moved that HB 1564 do  
         not pass but that CSHB 1564 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  
  
                                              SENATE COMMITTEE ON EDUCATION 
                                                                    Minutes 
                                                    Tuesday, April 29, 2003 
                                                                      page   5 
                                                                            
         voting, and 1 absent.   
          
         Upon arrival of a quorum, Senator Janek moved that HB 1226 be  
         reported favorably to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 9 ayes, 0 nay, 0 present not voting, and 0 absent.   
          
         Senator Williams moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Williams moved that HB 1949 be  
         reported favorably 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 Williams moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.  
          
         The subcommittee report on SB 1167 was laid out by Senator  
         Janek.  Senator Janek was recognized to explain the subcommittee  
         report on SB 1167.  Senator Janek then moved adoption of the  
         subcommittee report; there being no objection, it was so  
         ordered.   
          
         Senator Janek sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Janek  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Janek then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.   
          
         Senator Janek moved that SB 1167 do not pass but that CSSB 1167  
         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 Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 7:10 p.m. Senator Ogden assumed the chair.   
          
         The subcommittee report on SB 166 was laid out by Senator  
         Shapiro.  Senator Shapiro was recognized to explain the  
         subcommittee report on SB 166.  Senator Shapiro then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.   
          
         Senator Shapiro moved that SB 166 do not pass but that CSSB 166  
         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.   
          
                                              SENATE COMMITTEE ON EDUCATION 
                                                                    Minutes 
                                                    Tuesday, April 29, 2003 
                                                                      page   6 
                                                                            
         Senator Shapiro moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 7:14 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out SJR 13 and recognized the author, Senator  
         Ellis, to explain the bill.  Previously a committee substitute  
         was sent up and adopted.  
          
         Senator Ogden sent up Committee Amendment 1 and moved adoption.   
         The motion carried with a record vote of 6 ayes, 1 nay, 0  
         present not voting, and 2 absent.   
          
         Senator Ogden requested unanimous consent to incorporate the  
         amendment into the committee substitute; without objection, it  
         was so ordered.  Senator Ogden then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
          
         Senator Ogden moved that SJR 13 do not pass but that CSSJR 13 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 9  
         ayes, 0 nay, 0 present not voting, and 0 absent.   
          
         Having previously being laid out and a committee substitute  
         being adopted; Senator Zaffirini moved that SB 206 do not pass  
         but that CSSB 206 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         At 7:26 p.m. Senator Ogden assumed the chair.   
          
         Previously Senator Shapiro laid out and sent up a committee  
         substitute; the chair recognized Senator Shapiro to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Shapiro moved adoption of the committee  
         substitute; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB 929 do not pass but that CSSB 929  
         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, 3 nays, 0 present not voting, and 0 absent.   
          
         The chair laid out HB 1024 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.   
          
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro moved that HB 1024, as amended, 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, 3  
         nays, 0 present not voting, and 0 absent.   
  
                                              SENATE COMMITTEE ON EDUCATION 
                                                                    Minutes 
                                                    Tuesday, April 29, 2003 
                                                                      page   7 
                                                                            
         At 7:30 p.m. Senator Shapiro resumed the chair.   
          
         Senator Staples moved to reconsider the motion by which the  
         committee substitute to HB 882 was previously adopted, without  
         objection; it was so ordered. 
          
         Senator Staples sent up a new committee substitute; the chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.  Senator Staples  
         moved adoption of the new committee substitute; without  
         objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Staples moved that HB 882 do  
         not pass but that CSHB 882 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         Senator Ogden moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         There being no further business, at 7:39 p.m. the chair moved  
         that the Committee stand recessed subject to the call of the  
         chair.  Without objection, it was so ordered.   
          
         Senator Florence Shapiro, Chair                                   
                                                           Cindy Hodges,  
                                                           Clerk