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