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