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