MINUTES SENATE COMMITTEE ON EDUCATION Tuesday, May 20, 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, May 20, 2003, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro Senator Steve Ogden Senator Royce West Senator Kip Averitt Senator Kyle Janek Senator Todd Staples Senator Leticia Van de Putte Senator Tommy Williams Senator Judith Zaffirini ***** The chair called the meeting to order at 8:42 a.m. There being a quorum present, the following business was transacted: There was no action taken for the following bill(s): HB 318, HB 693 and HB 1406 Senator Zaffirini moved adoption of the minutes from the previous hearings held on May 13, 2003, and May 15, 2003; without objection, it was so ordered. The chair laid out HB 577 and recognized the Senate sponsor, Senator Estes, 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. Senator Shapiro moved that HB 577 be left pending; without objection, it was so ordered. The chair laid out HB 1619 and recognized the Senate sponsor, Senator Estes, to explain the bill. Senator Shapiro moved that HB 1619 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 944 and recognized the Senate sponsor, Senator Estes, to explain the bill. Senator Van de Putte sent up a committee substitute; the chair recognized Senator Estes to explain the difference between the committee substitute and the bill as filed. 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. Senator Shapiro moved that HB 944 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 264 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Shapiro moved that HB 264 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 447 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Shapiro moved that HB 447 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1882 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Shapiro moved that HB 1882 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1817 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Shapiro moved that HB 1817 be left pending to await a quorum; without objection, it was so ordered. At 9:25 a.m. Senator Van de Putte assumed the chair. SENATE COMMITTEE ON EDUCATION Minutes Tuesday, May 20, 2003 page 3 The chair laid out HB 1844 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. 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. Senator Van de Putte moved that HB 1844 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2823 and recognized the Senate sponsor, Senator Shapiro, 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. Senator Van de Putte moved that HB 2823 be left pending to await a quorum; without objection, it was so ordered. At 9:40 a.m. Senator Staples assumed the chair. The chair laid out HB 1518 and recognized Senator Shapiro, in the absence of the Senate sponsor, to explain the bill. Senator Shapiro 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 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. Senator Shapiro requested unanimous consent to incorporate amendment into the committee substitute; without objection, it was so ordered. Senator Shapiro then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Staples moved that HB 1518 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1887 and recognized Senator Shapiro, in the absence of the Senate sponsor, 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 SENATE COMMITTEE ON EDUCATION Minutes Tuesday, May 20, 2003 page 4 closed; without objection, it was so ordered. Senator Staples moved that HB 1887 be left pending to await a quorum; without objection, it was so ordered. At 10:08 a.m. Senator West assumed the chair. The chair laid out HB 3015 and recognized the Senate sponsor, Senator Shapiro, 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. At 10:40 a.m. Senator Janek assumed the chair. Senator Janek moved that HB 3015 be left pending to await a quorum; without objection, it was so ordered. At 10:44 a.m. Senator Shapiro resumed the chair. At 10:45 a.m. Senator Shapiro moved that the committee stand recessed until thirty minutes after adjournment of the Senate; without objection, it was so ordered. At 5:00 p.m. the committee reconvened. Upon arrival of a quorum, Senator Zaffirini moved that HB 264 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 Zaffirini 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 447 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 Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Zaffirini moved adoption of the committee substitute to HB 944; without objection, it was so ordered. Upon arrival of a quorum, Senator Zaffirini moved that HB 944 do not pass but that CSHB 944 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 voting, and 1 absent. Senator Zaffirini moved that the bill be recommended for SENATE COMMITTEE ON EDUCATION Minutes Tuesday, May 20, 2003 page 5 placement on the Local & Uncontested Calendar; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved that HB 1518 do not pass but that CSHB 1518 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 voting, and 1 absent. Upon arrival of a quorum, Senator Staples moved that HB 1619 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 Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator West sent up a committee substitute to HB 1817; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that HB 1817 do not pass but that CSHB 1817 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 voting, and 1 absent. Senator Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:10 p.m. Senator West assumed the chair. Upon arrival of a quorum, Senator Shapiro moved that HB 1844, 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 7 ayes, 0 nay, 0 present not voting, and 2 absent. At 5:12 p.m. Senator Shapiro resumed the chair. Upon arrival of a quorum, Senator Zaffirini moved that HB 1882 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:14 p.m. Senator West assumed the chair. Upon arrival of a quorum, Senator Shapiro moved that HB 2823 be reported favorably to the Senate with the recommendation that it SENATE COMMITTEE ON EDUCATION Minutes Tuesday, May 20, 2003 page 6 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 sent up a committee substitute to HB 3015; 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. Upon arrival of a quorum, Senator Shapiro moved that HB 3015 do not pass but that CSHB 3015 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. At 5:16 p.m. Senator Shapiro resumed the chair. Upon arrival of a quorum, Senator West moved that HB 1887 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. There being no further business, at 5:20 p.m. Senator Shapiro 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