MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                             Tuesday, February 22, 2005 
                                     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, February 22, 2005, 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 8:35 a.m.  The  
         following business was transacted:   
          
         The chair laid out SB 83 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Senator Zaffirini sent up a  
         committee substitute; the chair recognized Senator Shapleigh to  
         explain the difference between the committee substitute and the  
         bill as filed.   
          
         There being a quorum a present at 8:40 a.m., the clerk called  
         the roll. 
          
         The chair resumed discussion on SB 83.  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 SB 83  
         be left pending; without objection, it was so ordered.   
          
         The chair laid out SB 78 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Senator Williams sent up a  
         committee substitute; the chair recognized Senator Shapleigh 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 SB 78 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB 111 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Senator Williams sent up a  
         committee substitute; the chair recognized Senator Shapleigh 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 SB 111 be left pending to await a  
         quorum; without objection, it was so ordered. 
          
         At 10:06 a.m. Senator Van de Putte assumed the chair.   
          
         The chair laid out SB 124 and recognized the author, Senator  
         Shapiro, 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.  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 SB 124 be left pending to await  
         a quorum; without objection, it was so ordered.   
          
         At 10:54 a.m. Senator Shapiro resumed the chair.   
          
         At 10:56 a.m. Senator Shapiro moved that the Committee stand  
         recessed upon adjournment of the Senate.  Without objection, it  
         was so ordered.   
          
         Senator Shapiro suspended the 24 hour posting rule pursuant to  
         Senate Rules 11.10 and 11.18 so that the Senate Committee on  
         Education could meet at her desk upon adjournment of the Senate. 
          
         The meeting was called to order at 12:14 p.m.  The following  
         members were present for roll call:  Senator Shapiro, Senator  
         Averitt, Senator Staples, Senator Van de Putte, Senator  
         Williams, and Senator Zaffirini.  Senator Janek arrived after  
         the roll call. 
          
         The chair laid out SB 256 and recognized the author, 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.  Senator Williams moved that SB  
         256 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 Staples moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
  
         objection, it was so ordered.   
          
         Previously SB 78 was laid out, Senator Van de Putte moved  
         adoption of the committee substitute to SB 78; without  
         objection, it was so ordered.  Senator Shapiro moved that SB 78  
         be left pending; without objection, it was so ordered.   
          
         Previously SB 83 was laid out, Senator Van de Putte moved  
         adoption of the committee substitute to SB 83; without  
         objection, it was so ordered.  Senator Shapiro moved that SB 83  
         be left pending; without objection, it was so ordered.   
          
         Previously SB 111 was laid out, Senator Williams moved adoption  
         of the committee substitute to SB 111; without objection, it was  
         so ordered.  Senator Staples moved that SB 111 do not pass but  
         that CSSB 111 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 Staples moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 12:20 p.m. Senator Averitt assumed the chair.   
          
         Previously SB 124 was laid out, Senator Shapiro moved adoption  
         of the committee substitute to SB 124; without objection, it was  
         so ordered.  Senator Van de Putte moved that SB 124 do not pass  
         but that CSSB 124 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 12:22 p.m. Senator Shapiro resumed the chair.  
          
         The chair announced that Senator Zaffirini requested unanimous  
         consent to be shown voting aye on the following bills:  SB 111,  
         SB 124, & SB 256.  The chair announced that Senator Janek  
         requested unanimous consent to be shown voting aye on the  
         following bills:  SB 111, SB 124, & SB 256. 
          
         There being no further business, at 12:23 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 
          
         _____________________________ 
         Tara Korstad, Clerk