MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                               Thursday, May 12, 2005 
                           11:00 a.m. or upon adjournment 
                           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, May 12, 2005, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                Senator Kip Averitt 
         Senator Royce West                      Senator Steve Ogden 
         Senator Kyle Janek                      Senator Tommy Williams 
         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): SB 1544 by Senator West & HB 479 by Keel/SP:  
         Senator Barrientos 
          
         The chair called the meeting to order at 4:35 p.m.  The  
         following business was transacted:   
          
         The chair laid out HB 1058 and recognized Senator Van de Putte,  
         in the absence of the Senate sponsor, to explain the bill.   
         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 HB 1058 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         The chair laid out HB 492 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.  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 HB 492  
         be left pending to await a quorum; without objection, it was so  
         ordered.   
          
         The chair laid out HB 126 and recognized the Senate sponsor,  
         Senator Eltife, to explain the bill.  Senator Van de Putte sent  
         up a committee substitute; the chair recognized Senator Eltife  
         to explain the difference between the committee substitute and  
         the bill as filed.  Senator Shapiro moved that HB 126 be left  
  
         pending to await a quorum; without objection, it was so ordered.   
         The chair laid out HB 308 and recognized Senator Van de Putte,  
         in the absence of the Senate sponsor, to explain the bill.   
         Senator Van de Putte sent up Committee Amendment 1.  Senator Van  
         de Putte sent up Committee Amendment 2.  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 HB 308  
         be left pending to await a quorum; without objection, it was so  
         ordered.   
          
         There being a quorum present at 4:55 p.m., the clerk called the  
         roll. 
          
         Senator Janek moved adoption of the minutes from the previous  
         hearings held on April 28, 2005, April 29, 2005, May 3, 2005,  
         and May 5, 2005; without objection, it was so ordered.   
          
         Previously left pending the arrival of a quorum, the following  
         bills and subcommittee reports were voted on by the Committee: 
          
         The chair laid out HB 126 by Representative Berman, sponsored by  
         Senator Eltife.  Previously, Senator Van de Putte sent up a  
         committee substitute.  Senator Van de Putte moved adoption of  
         the committee substitute; without objection, it was so ordered.   
         Senator Van de Putte moved that HB 126 do not pass but that CSHB  
         126 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 Van de Putte moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB 308 by Representative Hope, sponsored by  
         Senator Staples.  Previously, Senator Van de Putte sent up  
         Committee Amendment 1 and Committee Amendment 2.  Senator Van de  
         Putte moved adoption of Committee Amendment 1; without  
         objection, the amendment was adopted.   Senator Van de Putte  
         moved adoption of Committee Amendment 2; without objection, the  
         amendment was adopted.   Senator Van de Putte moved that HB 308,  
         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 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 laid out HB 492 by Representative Woolley, sponsored  
         by Senator Shapleigh.  Senator West moved that HB 492 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  
         West moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
  
         The chair laid out HB 1058 by Representative Pickett, sponsored  
         by Senator Zaffirini.  Senator Van de Putte moved that HB 308 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  
         Zaffirini 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 SB 1544 by Senator West.   
         Senator West sent up a new committee substitute; the chair  
         recognized Senator West to explain the difference between the  
         new committee substitute and the committee substitute that  
         passed out of the Subcommittee.  Senator West 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 West moved that SB 1544 do not pass but that CSSB 1544  
         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  
         Janek 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 HB 258 by Representative  
         Pena, sponsored by Senator Hinojosa.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 258 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 Janek  
         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 HB 479 by Representative  
         Teel, sponsored by Senator Barrientos.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 479 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 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 HB 598 by Representative  
         Blake, sponsored by Senator Staples.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 598 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 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 HB 993 by Representative  
         Gonzales, sponsored by Senator Hinojosa.  Senator West then  
         moved adoption of the subcommittee report; there being no  
         objection, it was so ordered.  Senator West moved that HB 993 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  
         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 HB 1170 by Representative  
         Miller, sponsored by Senator Shapleigh.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 1170 do not pass  
         but that CSHB 1170 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 HB 1331 by Representative  
         Chavez, sponsored by Senator Zaffirini.  Senator Zaffirini then  
         moved adoption of the subcommittee report; there being no  
         objection, it was so ordered.  Senator Zaffirini moved that HB  
         1331 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 Zaffirini 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 HB 1630 by Representative  
         McReynolds, sponsored by Senator West.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 1630 do not pass  
         but that CSHB 1630 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 HB 1697 by Representative  
         McCall, sponsored by Senator West.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 1697 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 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 HB 2108 by Representative  
         Berman, sponsored by Senator Eltife.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 2108 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 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 HB 2272 by Representative  
         Farabee, sponsored by Senator Estes.  Senator West then moved  
         adoption of the subcommittee report; there being no objection,  
         it was so ordered.  Senator West moved that HB 2272 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 West  
         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 5:26 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