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