MINUTES SENATE COMMITTEE ON EDUCATION Friday, May 23, 2003 8:30 a.m. Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Education was held on Friday, May 23, 2003, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro Senator Tommy Williams Senator Royce West Senator Kip Averitt Senator Kyle Janek Senator Steve Ogden Senator Todd Staples Senator Leticia Van de Putte Senator Judith Zaffirini ***** The chair called the meeting to order at 8:39 a.m. There being a quorum present, the following business was transacted: The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s): HB 771, HB 2117, HB 1314, HB 2964 and HB 3257 The chair laid out HB 387 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Senator Shapiro moved that HB 387 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 575 and recognized the Senate sponsor, Senator Deuell, 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 575 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 3041 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. Senator Averitt sent up Committee Amendment 1 and Senator West moved adoption; without objection, the amendment was adopted. Senator Shapiro moved that HB 3041 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2117 and recognized the Senate sponsor, Senator Barrientos, 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 2117 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1172 and recognized the Senate sponsor, Senator Staples, to explain the bill. Senator Staples sent up a 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 committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. At 9:01 a.m. Senator West assumed the chair. At 9:13 a.m. Senator Shapiro resumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. At 9:29 a.m. Senator West assumed the chair. Senator West moved that HB 1172 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 3209 and recognized the Senate sponsor, Senator Ratliff, 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 West moved that HB 3209 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1691 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill. SENATE COMMITTEE ON EDUCATION Minutes Friday, May 23, 2003 page 3 Senator Zaffirini sent up Committee Amendment 1. 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 West moved that HB 1691 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2908 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. Senator West moved that HB 2908 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1504 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 West moved that HB 1504 be left pending to await a quorum; without objection, it was so ordered. At 9:50 a.m. Senator West moved that the committee stand recessed until thirty minutes after adjournment of the Senate; without objection, it was so ordered. At 4:20 p.m. the committee reconvened. The chair laid out HB 796 and recognized the Senate sponsor, Senator West, 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 796 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 3257 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 5:30 p.m. Senator Van de Putte assumed the chair. The chair moved that the public testimony be closed; without SENATE COMMITTEE ON EDUCATION Minutes Friday, May 23, 2003 page 4 objection, it was so ordered. Senator Van de Putte moved that HB 3257 be left pending to await a quorum; without objection, it was so ordered. At 5:38 p.m. Senator Van de Putte moved that the committee stand at ease. At 5:40 p.m. the committee reconvened. The chair laid out HB 1314 and recognized the Senate sponsor, Senator Averitt, 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 1314 be left pending to await a quorum; without objection, it was so ordered. At 5:42 p.m. Senator Van de Putte moved that the committee stand at ease. At 5:54 p.m. the committee reconvened. The chair laid out HB 2804 and recognized the Senate sponsor, Senator Janek, to explain the bill. Senator Janek sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Van de Putte moved that HB 2804 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 771 and recognized Senator Janek, 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 Van de Putte moved that HB 771 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 860 and recognized Senator Janek, 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 Van de Putte moved that HB 860 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2964 and recognized Senator Janek, in the absence of the Senate sponsor, to explain the bill. Senator Janek sent up a committee substitute; the chair recognized Senator Janek 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 SENATE COMMITTEE ON EDUCATION Minutes Friday, May 23, 2003 page 5 so ordered. Senator Van de Putte moved that HB 2964 be left pending to await a quorum; without objection, it was so ordered. At 6:13 p.m. Senator Van de Putte moved that the committee stand at ease. At 7:16 p.m. Senator Shapiro resumed the chair. At 7:17 p.m. the committee reconvened. Senator Staples sent up Committee Amendment 1 to HB 387 and moved adoption; without objection, the amendment was adopted. Upon arrival of a quorum, Senator Janek moved that HB 387 be reported favorably, as amended, 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 Ogden moved that HB 575 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 Averitt sent up Committee Amendment 1 to HB 796 and moved adoption; without objection, the amendment was adopted. Upon arrival of a quorum, Senator West moved that HB 796, 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, 1 nay, 0 present not voting, and 2 absent. At 7:21 p.m. Senator West assumed the chair. Upon arrival of a quorum, Senator Shapiro moved that HB 860 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, 1 present not voting, and 1 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 7:21 p.m. Senator Shapiro resumed the chair. Upon arrival of a quorum, Senator Staples moved that HB 1172 do not pass but that CSHB 1172 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. Upon arrival of a quorum, Senator West moved that HB 1314 be SENATE COMMITTEE ON EDUCATION Minutes Friday, May 23, 2003 page 6 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, 0 nay, 2 present not voting, and 1 absent. Upon arrival of a quorum, Senator West moved that HB 1504 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, 1 nay, 0 present not voting, and 1 absent. Senator West moved adoption of Committee Amendment 1 to HB 1691; without objection, the amendment was adopted. Upon arrival of a quorum, Senator Zaffirini moved that HB 1691, 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 8 ayes, 0 nay, 0 present not voting, and 1 absent. Upon arrival of a quorum, Senator West moved that HB 2117 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. Upon arrival of a quorum, Senator Janek moved that HB 2804, 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, 1 nay, 1 present not voting, and 1 absent. Upon arrival of a quorum, Senator Van de Putte moved that HB 2908 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, 2 nays, 0 present not voting, and 1 absent. Upon arrival of a quorum, Senator West moved that HB 3041, 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 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Zaffirini sent up Committee Amendment 1 to HB 3209 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 West sent up Committee Amendment 2 to HB 3209 and moved adoption; without objection, the amendment was adopted. Upon arrival of a quorum, Senator West moved that HB 3209, 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, 1 nay, 0 present not voting, and 1 absent. SENATE COMMITTEE ON EDUCATION Minutes Friday, May 23, 2003 page 7 Upon arrival of a quorum, Senator Averitt moved that HB 3257 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, 3 nays, 0 present not voting, and 1 absent. The subcommittee report on HB 757 was laid out by Senator West. Senator West was recognized to explain the subcommittee report on HB 757. Senator West then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Van de Putte sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Van de Putte moved that HB 757, 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, 1 present not voting, and 1 absent. Upon arrival of a quorum, Senator West moved that HB 771 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, 0 nay, 2 present not voting, and 1 absent. Upon arrival of a quorum, Senator West moved that HB 2964 do not pass but that CSHB 2964 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, 2 present not voting, and 1 absent. There being no further business, at 7:57 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