MINUTES SENATE COMMITTEE ON EDUCATION Tuesday, April 19, 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, April 19, 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 Tommy Williams Senator Kip Averitt Senator Kyle Janek 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: Senator Staples moved adoption of the minutes from the previous hearings held on April 12, 2005, April 11, 2005, and April 7, 2005; without objection, it was so ordered. The chair laid out SB 1703 and recognized the author, Senator Shapleigh, to explain the bill. Senator Van de Putte sent up a committee substitute; the chair recognized Senator Shapleigh to explain the difference between the committee substitute and the bill as filed. Senator Van de Putte 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 Shapiro moved that SB 1703 be left pending; without objection, it was so ordered. The chair laid out SB 151 and recognized the author, Senator Zaffirini, to explain the bill. Senator Averitt 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 151 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 386 and recognized Senator Averitt, in the absence of the author, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Averitt 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 386 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 1043 and recognized Senator Averitt, in the absence of the author, to explain the bill. 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 Shapiro moved that SB 1043 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 1194 and recognized the author, Senator Van de Putte, to explain the bill. Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte 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 temporarily closed public testimony to allow the Committee to take votes on bills. The chair laid out SB 151 by Senator Zaffirini. Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that SB 151 do not pass but that CSSB 151 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, 0 nay, 0 present not voting, and 4 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 386 by Senator Wentworth. Senator Zaffirini moved adoption of the committee substitute; without objection, it was so ordered. Senator Zaffirini moved that SB 386 do not pass but that CSSB 386 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, 0 nay, 0 present not voting, and 4 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 1043 by Senator Janek. Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 1043 do not pass but that CSSB 1043 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, 0 nay, 0 present not voting, and 4 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 subcommittee report on SB 39 by Senator Zaffirini. Senator West then moved adoption of the subcommittee report; without objection, it was so ordered. Senator West moved that SB 39 do not pass but that CSSB 39 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, 0 nay, 0 present not voting, and 4 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 132 by Senator Nelson. Senator West then moved adoption of the subcommittee report; without objection, it was so ordered. The subcommittee report was reported as substituted out of the Subcommittee on Higher Education. Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. The chair requested consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. Senator West moved that SB 132 do not pass but that CSSB 132 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, 0 nay, 0 present not voting, and 4 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 1034 by Senator West. The chair then moved adoption of the subcommittee report; without objection, it was so ordered. Senator Van de Putte moved that SB 1034 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, 0 nay, 0 present not voting, and 4 absent. Senator Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair resumed public testimony on SB 1194. 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 1194 be left pending; without objection, it was so ordered. There being no further business, at 9:47 a.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