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