MINUTES SENATE COMMITTEE ON EDUCATION Tuesday, March 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, March 22, 2005, in the Capitol Extension, Room E1.028, 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 8:35 a.m. The following business was transacted: The chair laid out SB 851 and recognized the author, Senator Shapleigh, to explain the bill. Senator West sent up Committee Amendment 1. Senator Shapleigh was recognized to explain the amendment. There being a quorum present at 8:39 a.m., the clerk called the roll. The chair resumed discussion on SB 851. Senator West moved adoption of Committee Amendment 1; 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 Averitt moved that SB 851, 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. The chair laid out SB 221 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. The chair 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. Senator Zaffirini moved that SB 221 do not pass but that CSSB 221 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 Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 777 and recognized the author, Senator Van de Putte, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 9:43 a.m. Senator West assumed the chair. At 9:47 a.m. Senator Shapiro resumed the chair. The chair moved that the public testimony be closed on SB 777; without objection, it was so ordered. Senator Zaffirini moved that SB 777 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, 0 present not voting, and 3 absent. At 10:01 a.m. Senator West assumed the chair. The chair laid out SB 959 and recognized the author, 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 West moved that SB 959 be left pending to await a quorum; without objection, it was so ordered. At 10:25 a.m. Senator Shapiro resumed the chair. The chair laid out SB 188 and recognized the author, Senator Zaffirini, 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 SB 188 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 189 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. 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 189 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 190 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. 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 190 be left pending to await a quorum; without objection, it was so ordered. At 10:34 a.m. Senator Ogden assumed the chair. The chair laid out SB 961 and recognized the author, 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 Ogden moved that SB 961 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 962 and recognized the author, 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 Ogden moved that SB 962 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 963 and recognized the author, 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 Ogden moved that SB 963 be left pending to await a quorum; without objection, it was so ordered. At 11:02 a.m. Senator Shapiro resumed the chair. At 11:02 a.m. Senator Shapiro moved that the committee stand recessed until 45 minutes after adjournment of the Senate; without objection, it was so ordered. At 1:31 p.m. the committee reconvened. There being a quorum present, the following business was transacted: Senator Averitt moved adoption of the minutes from the previous hearing held on March 15, 2005; without objection, it was so ordered. Senator Zaffirini moved that SB 188 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 Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator West moved adoption of the committee substitute to SB 189; without objection, it was so ordered. Senator West moved that SB 189 do not pass but that CSSB 189 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 Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Shapiro moved that SB 190 be left pending; without objection, it was so ordered. Senator Shapiro moved that SB 959 be left pending; without objection, it was so ordered. At 1:34 p.m. Senator West assumed the chair. Senator Shapiro moved that SB 961 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 Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:36 p.m. Senator Shapiro resumed the chair. Senator Shapiro moved that SB 962 be left pending; without objection, it was so ordered. At 1:36 p.m. Senator West assumed the chair. Senator Shapiro moved that SB 963 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 Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:37 p.m. Senator Shapiro resumed the chair. The chair laid out the subcommittee report on SB 32, pending business in the Committee, 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. Senator Zaffirini moved that the subcommittee report be adopted; without objection, it was so ordered. Senator West moved that SB 32 do not pass but that CSSB 32 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. The chair laid out SB 126, pending business in the Committee, and recognized the author, Senator Lindsay, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Lindsay 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. 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 SB 126 do not pass but that CSSB 126 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. The chair laid out the subcommittee report on SB 283 by Senator Staples. Senator West then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator West moved that SB 283 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. The chair laid out the subcommittee report on SB 511 by Senator Deuell. The chair moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator Zaffirini moved that SB 511 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. The chair laid out the subcommittee report on SB 527 by Senator Hinojosa. The chair moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator Janek moved that SB 527 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. The chair laid out the subcommittee report on CSSB 702 by Senator Deuell. Senator Ogden moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator Ogden moved that SB 702 do not pass but that CSSB 702 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. The chair laid out the subcommittee report on CSSB 730 by Senator West. The chair moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator West moved that SB 730 do not pass but that CSSB 730 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, 1 nay, 0 present not voting, and 3 absent. The chair announced that Senator Ogden requested unanimous consent to be shown voting aye on the following bills: SB 188, SB 189, SB 221, SB 961, & SB 963. There being no further business, at 2:08 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