MINUTES SENATE COMMITTEE ON EDUCATION Thursday, April 21, 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 21, 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 8:34 a.m. There being a quorum present, the following business was transacted: The chair laid out the subcommittee report on SB 31 by Senator Zaffirini. Senator Zaffirini sent up a new committee substitute; the chair recognized Senator Zaffirini to explain the difference between the new committee substitute and the committee substitute that was adopted in the subcommittee. Senator Zaffirini moved adoption of the new committee substitute; without objection, it was so ordered. Senator Janek moved that SB 31 do not pass but that CSSB 31 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 8:50 a.m. Senator West assumed the chair. The chair laid out the subcommittee report on SB 532 by Senator Shapiro. Senator Shapiro then moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator Shapiro moved that SB 532 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 8:51 a.m. Senator Shapiro resumed the chair. The chair laid out the subcommittee report on SB 927 by Senator Ellis. Senator West then moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator West moved that SB 927 do not pass but that CSSB 927 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 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 1037 by Senator Lucio. Senator West then moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator West moved that SB 1037 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. At 8:52 a.m. Senator West assumed the chair. The chair laid out the subcommittee report on SB 1227 by Senator Shapiro. Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Shapiro requested unanimous consent to roll the amendment into the committee substitute that was adopted in the subcommittee; without objection, it was so ordered. Senator Shapiro then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Shapiro moved that SB 1227 do not pass but that CSSB 1227 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 8:54 a.m. Senator Shapiro resumed the chair. The chair laid out the subcommittee report on SB 1300 by Senator West. Senator West then moved that the subcommittee report be adopted; 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 Janek moved that SB 1300, 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 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 1528 by Senator Zaffirini. Senator Zaffirini then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Janek moved that SB 1528 do not pass but that CSSB 1528 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 1529 by Senator Zaffirini. Senator Zaffirini sent up a new committee substitute; the chair recognized Senator Zaffirini to explain the difference between the new committee substitute and the committee substitute that was adopted in the subcommittee. 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 adoption of the new committee substitute; without objection, it was so ordered. Senator Zaffirini moved that SB 1529 do not pass but that CSSB 1529 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 1553 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 1553 do not pass but that CSSB 1553 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 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 1716 by Senator Van de Putte. Senator Van de Putte sent up a new committee substitute; the chair recognized Senator Van de Putte to explain the difference between the new committee substitute and the committee substitute that was adopted in the subcommittee. Senator Van de Putte moved adoption of the new 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 Van de Putte moved that SB 1716 do not pass but that CSSB 1716 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, 0 present not voting, and 3 absent. The chair laid out the subcommittee report on SB 1778 by Senator Van de Putte. Senator Staples 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. Senator Staples requested unanimous consent to roll the amendments into the committee substitute that was adopted in the subcommittee; without objection, it was so ordered. Senator Staples then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Van de Putte moved that SB 1778 do not pass but that CSSB 1778 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, 0 present not voting, and 3 absent. Senator Staples 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 SCR 17 by Senator Madla. 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 moved that SCR 17 do not pass but that CSSCR 17 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, 0 present not voting, and 3 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 in SCR 27 by Senator West. Senator West then moved that the subcommittee report be adopted; there being no objection, it was so ordered. Senator West moved that SCR 27 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. Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Janek requested unanimous consent to be shown voting aye on the following bills, SCR 17 and SCR 27; there being no objection, it was so ordered. There being no further business, at 9:40 a.m. Senator Shapiro moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. The posting rule, Senate Rule 11.18, was suspended to hear the following bill, SB 190 by Senator Zaffirini, at Senator Shapiro's desk upon adjournment of the Senate. The chair called the meeting to order at 1:05 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 190 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute previously laid out in committee; the chair recognized Senator Zaffirini to briefly explain the difference between the committee substitute and the bill as filed again. Senator Zaffirini moved adoption of the committee substitute; without objection, it was so ordered. Senator Zaffirini moved that SB 190 do not pass but that CSSB 190 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, 0 present not voting, and 3 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There being no further business, at 1:07 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