MINUTES
SENATE COMMITTEE ON EDUCATION
Thursday, April 14, 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 Thursday, April 14, 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 8:36 a.m. The
following business was transacted:
Senator Van de Putte in chair.
The chair laid out SB 1374 and recognized Senator Shapleigh, in
the absence of the author, to explain the bill. Senator Van de
Putte explained the amendment. 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 1374 be left pending to await a quorum; without objection, it
was so ordered.
The chair laid out SB 1446 and recognized Senator Shapleigh, in
the absence of the author, to explain the bill. Senator Van de
Putte laid out the substitute. Senator Shapleigh explained the
substitute. Senator Shapleigh explained the amendment.
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 1446 be left pending to await a quorum;
without objection, it was so ordered.
The chair laid out SB 1583 and recognized Senator Shapleigh, in
the absence of the author, 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 SB 1583 be left pending to await a quorum; without
objection, it was so ordered.
At 9:10 a.m. Senator Zaffirini assumed the chair.
The chair laid out SB 474 and recognized the author, Senator
Barrientos, to explain the bill. The chair laid out the
substitute. Senator Barrientos explained the substitute. The
chair laid out Committee Amendment No. 1, Senator Barrientos
explained the amendment. The chair laid out Committee Amendment
No. 2, Senator Barrientos explained the amendment. 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 474 be left pending to await a quorum; without
objection, it was so ordered.
The chair laid out SB 962 and recognized Senator Shapleigh, in
the absence of the author, to explain the bill. The chair laid
out the substitute, Senator Shapleigh explained the substitute.
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 962 be left pending to await a quorum;
without objection, it was so ordered.
The chair laid out SB 1393 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 Zaffirini moved that SB 1393 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out SB 1395 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. Senator Zaffirini moved that SB 1395 be left
pending to await a quorum; without objection, it was so ordered.
Previously, HB 2 was laid out in Committee. The committee
substitute was adopted in the April 5, 2005 Senate Committee on
Education hearing.
Senator Shapiro explained to the Committee members the sections
in CSHB 2 to be discussed regarding school funding. The
provisions discussed were as follows:
Article 1- Public School Finance
Part A. Education Funding
Part B. School Facilities
Article 2- Education Excellence
Part D. Instructional Materials
Article 3- Statewide Property Tax
At 9:34 a.m. Senator West assumed the chair.
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 2 be left pending; without objection,
it was so ordered.
At 9:45 a.m. Senator Shapiro resumed the chair.
There being a quorum present at 9:45 a.m., the clerk called the
roll.
Senator West moved adoption of the minutes from the previous
hearings held on March 22, 2005, March 29, 2005, March 31, 2005,
and April 5, 2005; without objection, it was so ordered.
The following bills voted on were left pending from earlier in
the hearing:
The chair laid SB 1374 by Senator Staples. Senator Shapiro sent
up Committee Amendment 1 in the absence of the author, Senator
Staples, and moved adoption; without objection, the amendment
was adopted. Senator Zaffirini moved that SB 1374, 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. 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 1446 by Senator Averitt. Senator Averitt
sent up a committee substitute; the chair recognized Senator
Averitt to explain the difference between the committee
substitute and the bill as filed. Senator Averitt moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Zaffirini sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
The chair requested unanimous consent to roll the amendment into
the committee substitute; without objection, it was so ordered.
Senator Williams moved that SB 1446 do not pass but that CSSB
1446 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 Averitt moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out SB 1583 by Senator Zaffirini. Senator West
moved that SB 1583 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.
At 9:50 a.m. Senator West assumed the chair.
The laid out SB 962 by Senator Shapiro. 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 moved that SB 962 do not pass but that CSSB 962 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, 1 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.
The chair laid out SB 1393 by Senator Shapiro. 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 moved that SB 1393 do not pass but
that CSSB 1393 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 Shapiro moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1395 by Senator Shapiro. 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 moved that SB 1395 do not pass but
that CSSB 1395 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 Shapiro moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 9:54 a.m. Senator Shapiro resumed the chair.
At 9:54 a.m. Senator Shapiro moved that the committee stand
recessed until 30 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 1:54 p.m. the committee reconvened. Senator Zaffirini in
chair.
The Committee resumed public testimony on CSHB 2.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 2:00 p.m. Senator West assumed the chair.
A quorum was present and testimony on CSHB 2 was temporarily
closed to vote on bills.
At 2:06 p.m. Senator Shapiro resumed the chair.
The following bills voted on were Subcommittee Reports from the
Senate Subcommittee on Higher Education:
There was no action taken for the following bill(s): SB 801 by
Senator Lucio and SCR 24 by Senator West.
The chair laid out the subcommittee report on SB 30 by Senator
Zaffirini. The subcommittee report was adopted; without
objection, it was so ordered. The chair opened public
testimony. The chair closed public testimony. Senator West
moved that SB 30 do not pass but that CSSB 30 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 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 95 by Senator
Shapleigh. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 95 do not pass but that CSSB 95 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. 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 the subcommittee report on SB 157 by Senator
Fraser. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 157 do not pass but that CSSB 157 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.
The chair laid out the subcommittee report on SB 333 by Senator
West. Senator Janek then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Janek moved that SB 333 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.
The chair laid out subcommittee report on SB 448 by Senator
Zaffirini. Senator Zaffirini then moved adoption of the
subcommittee report; there being no objection, it was so
ordered. Senator Zaffirini moved that SB 448 do not pass but
that CSSB 448 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 West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out subcommittee report on SB 676 by Senator
West. Senator West then moved adoption of the subcommittee
report; there being no 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 Staples moved
that SB 676 do not pass but that CSSB 676 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.
The chair laid out subcommittee report on SB 928 by Senator
Ellis. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 928 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 West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out subcommittee report on SB 929 by Senator
Ellis. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 929 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 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 936 by Senator
West. Senator Staples then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Staples moved that SB 936 do not pass but that CSSB 936 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.
The chair laid out the subcommittee report on SB 1118 by Senator
Ellis. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 1118 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 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 1138 by Senator
Estes. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 1138 do not pass but that CSSB 1138 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 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 1185 by Senator
West. Senator Zaffirini then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Zaffirini moved that SB 1185 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 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 1193 by Senator
Wentworth. Senator West then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 1193 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 West moved that the bill be
recommended for placement on the Local & Uncontested Calendar,
there was objection. The bill did not get a recommendation for
the Local & Uncontested Calendar.
At 2:28 p.m. Senator West assumed the chair.
The chair laid out the subcommittee report on SB 1226 by Senator
Shapiro. Senator Janek then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Shapiro moved that SB 1226, 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 Shapiro 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 1228 by Senator
Shaprio. Senator Janek then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Janek moved that SB 1228 do not pass but that CSSB 1228 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.
At 2:30 p.m. Senator Shapiro resumed the chair.
The chair laid out the subcommittee report on SB 1247 by Senator
West. Senator Janek then moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
Janek moved that SB 1247 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 West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 474, which was previously laid out in the
hearing, and recognized Senator West, in the absence of the
author, to explain the bill. Senator West sent up a committee
substitute; 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 sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator West sent up Committee Amendment
2 and moved adoption; without objection, the amendment was
adopted. The chair requested to incorporate amendments into
the committee substitute; without objection, it was so ordered.
Senator West then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator West
moved that SB 474 do not pass but that CSSB 474 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 2:36 p.m. Senator West assumed the chair.
The Committee resumed public testimony on CSHB 2.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 4:14 p.m. Senator Shapiro resumed the chair.
At 4:18 p.m. Senator West assumed the chair.
At 4:36 p.m. Senator Shapiro resumed the chair.
The chair moved that the public testimony be closed; without
objection, it was so ordered.
Senator Shapiro moved that HB 2 be left pending; without
objection, it was so ordered.
There being no further business, at 4:37 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