MINUTES SENATE COMMITTEE ON EDUCATION Friday, April 29, 2005 Upon adjournment of the Senate Capitol Extension, Room E1.028 ***** Pursuant to suspension of Senate Rule 11.18, a public hearing of the Senate Committee on Education was held on Friday, April 29, 2005, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro Senator Royce West Senator Kip Averitt Senator Tommy Williams Senator Kyle Janek Senator Steve Ogden Senator Todd Staples Senator Leticia Van de Putte Senator Judith Zaffirini ***** The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s): HB 2 Senator Shapiro called the meeting to order at 4:02 p.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 4:04 p.m. Senator Janek assumed the chair. Senator Van de Putte sent up Committee Amendment 15, which had been left pending, and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 16, which had been left pending. Senator Van de Putte withdrew Committee Amendment 17, which had been left pending. Senator Van de Putte withdrew Committee Amendment 18, which had been left pending. Senator Van de Putte withdrew Committee Amendment 19, which had been left pending. Senator Van de Putte sent up Committee Amendment 20, which had been left pending, and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 21, which had been left pending. Senator Van de Putte sent up Committee Amendment 21(a) and moved adoption; without objection, the amendment was adopted. Senator Van de Putte sent up Committee Amendment 22, which had been left pending and moved adoption. The motion failed with a record vote of 3 ayes, 3 nays, 0 present not voting, and 3 absent. Senator Zaffirini sent up Committee Amendment 23, which had been left pending and moved adoption. The motion failed with a record vote of 3 ayes, 3 nays, 0 present not voting, and 3 absent. Senator Zaffirini sent up Committee Amendment 24, which had been left pending and moved adoption. The motion failed with a record vote of 3 ayes, 3 nays, 0 present not voting, and 3 absent. Senator Staples sent up Committee Amendment 25(a) in the absence of its author Senator Williams, which had been left pending. Committee Amendment 25(a) was left pending. Senator Van de Putte sent up Committee Amendment 29 in the absence of its author Senator West. Committee Amendment 29 was left pending. Senator Staples withdrew Committee Amendment 13, which had been left pending. Senator Staples sent up Committee Amendment 13(a) and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 29 in the absence of its author Senator West, which had been left pending. Senator Van de Putte sent up Committee Amendment 29(a) in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 30 in the absence of its author Senator West, which had been left pending. Senator Van de Putte sent up Committee Amendment 30(a) in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 32(a) in the absence of its author Senator West, which had been left pending. Senator Van de Putte sent up Committee Amendment 32(b) in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 33 in the absence of its author Senator West, which had been left pending. Senator Van de Putte sent up Committee Amendment 33(a) in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte sent up Committee Amendment 34 in the absence of its author Senator West, which had been left pending, and moved adoption. The motion failed by a record vote of 2 ayes, 5 nays, 0 present not voting, and 2 absent. Senator Zaffirini sent up Committee Amendment 35, which had been left pending and moved adoption. The motion failed by a record vote of 2 ayes, 5 nays, 0 present not voting, and 2 absent. Senator Zaffirini sent up Committee Amendment 36, which had been left pending and moved adoption. The motion failed by a record vote of 2 ayes, 5 nays, 0 present not voting, and 2 absent. Senator Van de Putte sent up Committee Amendment 37, which had been left pending and moved adoption. The motion failed by a record vote of 2 ayes, 5 nays, 0 present not voting, and 2 absent. Senator Van de Putte sent up Committee Amendment 38, which had been left pending and moved adoption. The motion failed by a record vote of 2 ayes, 5 nays, 0 present not voting, and 2 absent. Senator Van de Putte withdrew Committee Amendment 39, which had been left pending. Senator Van de Putte sent up Committee Amendment 40, which had been left pending, in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 41, which had been left pending, in the absence of its author Senator West. Senator Van de Putte sent up Committee Amendment 42, which had been left pending, in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte sent up Committee Amendment 43, which had been left pending, in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 44 in the absence of its author Senator West, which had been left pending. Senator Van de Putte sent up Committee Amendment 44(a) in the absence of its author Senator West and moved adoption; without objection, the amendment was adopted. Senator Van de Putte withdrew Committee Amendment 45, which had been left pending, in the absence of its author Senator West. Senator Ogden withdrew Committee Amendment 49, which had been left pending. Senator Ogden sent up Committee Amendment 49(a) and moved adoption. The motion prevailed by a record vote of 4 ayes, 3 nays, 0 present not voting, and 2 absent. Senator Van de Putte withdrew Committee Amendment 51, which had been left pending, in the absence of its author Senator West. Senator Staples sent up Committee Amendment 25(a) in the absence of its author Senator Williams, which had been left pending, and moved adoption; without objection, the amendment was adopted. At 5:22 p.m. Senator Shapiro resumed the chair. At 5:22 p.m. Senator Shapiro moved that the committee stand recessed for 5 minutes; without objection, it was so ordered. At 5:39 p.m. the committee reconvened, Senator Shapiro in chair. At 5:39 p.m. Senator Janek assumed the chair. Senator Averitt moved to reconsider the motion by which Committee Amendment 14 was adopted; there being no objection, it was so ordered. Committee Amendment 14 was then pulled down. Senator Averitt sent up Committee Amendment 14(a) and moved adoption; without objection, the amendment was adopted. Public testimony was closed on HB 2. Senator Shapiro requested unanimous consent to roll the amendments into the committee substitute; 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 HB 2 do not pass but that CSHB 2 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, 2 present not voting, and 2 absent. There being no further business, at 5:43 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