MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Thursday, April 28, 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 28, 2005, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                None 
         Senator Royce West 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:49 a.m.  There being  
         a quorum present, the following business was transacted on HB 2,  
         sponsored by Senator Shapiro:   
          
         Witnesses testifying and registering on the following amendments  
         to HB 2 are shown on the attached list.   
          
         At 8:51 a.m. Senator West assumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 4 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 5.  Committee  
         Amendment 5 was left pending. 
          
         Senator Shapiro sent up Committee Amendment 6.  Committee  
         Amendment 6 was left pending. 
          
         Senator Shapiro sent up Committee Amendment 7.  Committee  
         Amendment 7 was left pending. 
          
         Senator Shapiro sent up Committee Amendment 8. Committee  
         Amendment 8 was left pending. 
          
         Senator Shapiro sent up Committee Amendment 9 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 10 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 11 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Staples sent up Committee Amendment 12.  Committee  
         Amendment 12 was left pending. 
          
         Senator Staples sent up Committee Amendment 13.  Committee  
         Amendment 13 was left pending. 
          
         Senator Averitt sent up Committee Amendment 14 and moved  
         adoption.  The motion carried with a record vote of 6 ayes, 2  
         nays, 0 present not voting, and 1 absent.  Senator Zaffirini  
         requested unanimous consent to be shown voting aye on Committee  
         Amendment 14; there being no objection, it was so ordered. 
          
         Senator Van de Putte sent up Committee Amendment 15.  Committee  
         Amendment 15 was left pending.  
          
         Senator Van de Putte sent up Committee Amendment 16.  Committee  
         Amendment 16 was left pending. 
          
         Senator Van de Putte sent up Committee Amendment 17.  Committee  
         Amendment 17 was left pending.  
          
         Senator Van de Putte sent up Committee Amendment 18.  Committee  
         Amendment 18 was left pending.  
          
         Senator Van de Putte sent up Committee Amendment 19.  Committee  
         Amendment 19 was left pending.  
          
         Senator Van de Putte sent up Committee Amendment 20.   
          
         At 10:35 a.m. Senator Zaffirini assumed the chair.   
          
         Committee Amendment 20 was left pending.  
          
         At 10:37 a.m. Senator West assumed the chair.   
          
         Senator Van de Putte sent up Committee Amendment 21.  Committee  
  
         Amendment 21 was left pending.  
          
         Senator Van de Putte sent up Committee Amendment 22.  Committee  
         Amendment 22 was left pending.  
          
         Senator Zaffirini sent up Committee Amendment 23.  Committee  
         Amendment 23 was left pending.  
          
         Senator Zaffirini sent up Committee Amendment 24.  Committee  
         Amendment 24 was left pending.  
          
         At 10:56 a.m. Senator West moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 2:35 p.m. the committee reconvened.  Discussion on HB 2  
         resumed. 
          
         At 2:35 p.m. Senator West assumed the chair.   
          
         Senator Williams sent up Committee Amendment 25.  Committee  
         amendment 25 was left pending. 
          
         At 2:42 p.m. Senator Van de Putte assumed the chair.   
          
         Senator West sent up Committee Amendment 26.  Committee  
         amendment 26 was left pending. 
          
         Senator West sent up Committee Amendment 27.  Committee  
         amendment 27 was left pending. 
          
         Senator West sent up Committee Amendment 28 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West laid out Committee Amendment 27, which had been  
         left pending, and moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator West laid out Committee Amendment 26, which had been  
         left pending, and moved adoption; without objection, the  
         amendment was adopted. 
          
         Committee Amendment 5 by Shapiro, which had been left pending,  
         was discussed.  Committee Amendment 5 was left pending. 
          
         Committee Amendment 7 by Shapiro, which had been left pending,  
         was discussed.  Committee Amendment 7 was left pending. 
          
         Committee Amendment 8 by Shapiro, which had been left pending,  
         was discussed.  Senator West sent up Committee Amendment 29.   
         Committee Amendment 29 by West was left pending.  Committee  
         Amendment 8 by Shapiro was adopted.   
          
         At 3:05 p.m. Senator Staples assumed the chair.   
          
         Senator West sent up Committee Amendment 30.  Committee  
         amendment 30 was left pending. 
          
         Senator West sent up Committee Amendment 31 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 32.  Committee  
         amendment 32 was left pending. 
          
         Senator West sent up Committee Amendment 33.  Committee  
         amendment 33 was left pending. 
          
         Senator West sent up Committee Amendment 34.  Committee  
         amendment 34 was left pending. 
          
         At 3:34 p.m. Senator Averitt assumed the chair.   
          
         Senator Van de Putte sent up Committee Amendment 35 by Senator  
         Zaffirini.  Committee amendment 35 was left pending. 
          
         Senator Van de Putte sent up Committee Amendment 36 by Senator  
         Zaffirini.  Committee amendment 36 was left pending. 
          
         Senator Van de Putte sent up Committee Amendment 37.  Committee  
         amendment 37 was left pending. 
          
         Senator Van de Putte sent up Committee Amendment 38.  Committee  
         amendment 38 was left pending. 
          
         Senator Van de Putte sent up Committee Amendment 39.  Committee  
         amendment 39 was left pending. 
          
         At 4:18 p.m. Senator Van de Putte assumed the chair.   
          
         Senator West sent up Committee Amendment 40.  Committee  
         amendment 40 was left pending. 
          
         Senator West sent up Committee Amendment 41.  Committee  
         amendment 41 was left pending. 
          
         Senator West sent up Committee Amendment 42.  Committee  
         amendment 42 was left pending. 
          
         Senator West sent up Committee Amendment 43.  Committee  
         amendment 43 was left pending. 
          
         Senator West sent up Committee Amendment 44.  Committee  
         amendment 44 was left pending. 
          
         Senator West sent up Committee Amendment 45.  Committee  
         amendment 45 was left pending. 
          
         Senator West sent up Committee Amendment 46 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Janek sent up Committee Amendment 47 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Janek sent up Committee Amendment 48 by Senator Ogden  
         and moved adoption; without objection, the amendment was  
         adopted.   
          
         Senator Janek sent up Committee Amendment 49 by Senator Ogden.   
         Committee amendment 49 was left pending. 
          
         Senator Williams withdrew Committee Amendment 25, which had been  
         left pending.  Senator Williams sent up Committee Amendment  
         25(a).  Committee Amendment 25(a) was left pending. 
          
         At 5:15 p.m. Senator Shapiro resumed the chair.   
          
         At 5:15 p.m. Senator Shapiro moved that the committee stand  
         recessed until 7:00 p.m; without objection, it was so ordered.   
          
         At 7:13 p.m. the committee reconvened.   
          
         Senator Shapiro sent up Committee Amendment 50.  Committee  
         Amendment 50 was left pending. 
          
         At 7:17 p.m. Senator Staples assumed the chair.   
          
         Senator West sent up Committee Amendment 51.  Committee  
         Amendment 51 was left pending. 
          
         At 7:25 p.m. Senator West assumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 50 and moved  
         adoption; without objection, the amendment was adopted.   
          
         At 7:27 p.m. Senator Janek assumed the chair.   
          
         Senator West moved to reconsider the motion by which Committee  
         Amendment 26 be adopted; there being no objection, it was so  
         ordered.  Senator West requested to pull down Committee  
         Amendment 26.  Senator West then sent up Committee Amendment  
         26(a) and moved adoption; without objection, the amendment was  
         adopted. 
          
         Senator West withdrew Committee Amendment 32, which had been  
         left pending.  Senator West then sent up Committee Amendment  
         32(a).  Committee Amendment 32(a) was left pending. 
          
         At 7:38 p.m. Senator West assumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 5, which had been  
         left pending, and moved adoption.  The motion carried with a  
         record vote of 5 ayes, 3 nays, 0 present not voting, and 1  
         absent.  Senator Zaffirini requested to be shown voting nay on  
         Committee Amendment 5, it did not change the outcome of the  
         adoption of the amendment. 
  
         Senator Shapiro sent up Committee Amendment 7, which had been  
         left pending. Senator Shapiro then withdrew Committee Amendment  
         7. 
          
         Senator Staples sent up Committee Amendment 12, which had been  
         left pending, and moved adoption.  The motion prevailed by a  
         record vote of 5 ayes, 3 nays, 0 present not voting, and 1  
         absent.  Senator Zaffirini requested to be shown voting aye on  
         Committee Amendment 12, it did not change the outcome of the  
         adoption of the amendment. 
          
         Senator Staples sent up Committee Amendment 13, which had been  
         left pending.  Senator Staples made a motion to adopt the  
         amendment.  Committee Amendment 13 was left pending. 
          
         At 8:07 p.m. Senator Shapiro resumed the chair.  
          
         Public testimony was closed on HB 2.   
          
         HB 2 was left pending in Committee. 
          
         There being no further business, at 8:07 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