MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                               Thursday, May 19, 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, May 19, 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 Todd Staples 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:57 a.m.  The  
         following business was transacted:   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): HB 2221 &  
         HB 3468 
          
         The chair advised that HB 2330 had been tagged pursuant to  
         Senate Rule 11.19 and would not be heard.   
          
         The chair laid out HB 1791 and recognized Senator Barrientos, 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 1791 be left pending to  
         await a quorum; without objection, it was so ordered.   
          
         The chair laid out HB 1102 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill.  Senator Shapiro moved that  
         HB 1102 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 2808 and recognized the Senate sponsor,  
         Senator West, 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 West moved that HB 2808  
  
         be left pending until a committee substitute could be drafted;  
         without objection, it was so ordered. 
          
         The chair laid out HB 3297 and recognized Senator Shapleigh, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         Shapiro moved that HB 3297 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out HB 3563 and recognized Senator Shapleigh, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         West sent up and explained Committee Amendment 1.  Senator  
         Shapiro moved that HB 3563 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         At 9:18 a.m. Senator West assumed the chair.   
          
         The chair laid out HB 4 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.  Senator Shapiro sent up a  
         committee substitute; the chair recognized Senator Shapiro to  
         explain the difference between the committee substitute and the  
         bill as filed.  Witnesses testifying and registering on the bill  
         are shown on the attached list.   
          
         At 9:45 a.m. Senator Van de Putte assumed the chair.   
          
         The chair moved that the public testimony be closed on HB 4;  
         without objection, it was so ordered.  Senator Van de Putte  
         moved that HB 4 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         The chair laid out HB 2109 and recognized the Senate sponsor,  
         Senator Shapiro, 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 Van de Putte moved that  
         HB 2109 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 2162 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.  Senator Van de Putte  
         moved that HB 2162 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         At 10:07 a.m. Senator Shapiro resumed the chair.   
          
         The chair laid out HB 295 and recognized the Senate sponsor,  
         Senator Van de Putte, to explain the bill.  Senator Shapiro  
         moved that HB 295 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         The chair laid out HB 3468 and recognized the Senate sponsor,  
         Senator Van de Putte, 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  
         3468 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 2808 once again and recognized the Senate  
         sponsor, Senator West, to explain the bill.  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 Shapiro moved that HB 2808 be left  
         pending to await a quorum; without objection, it was so ordered.   
          
         The chair laid out HB 3012 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 3012 be left pending to await a quorum; without  
         objection, it was so ordered.  
          
         The chair laid out HB 283 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 283 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         At 10:40 a.m. Senator Shapiro moved that the committee stand in  
         recess; without objection, it was so ordered.   
          
         At 10:45 a.m. the committee reconvened.   
          
         Senator Shapiro announced that the committee would reconvene  
         upon adjournment of the Senate. 
          
         At 2:00 p.m. the committee reconvened.   
          
         The chair laid out HB 2221 and recognized the Senate sponsor,  
         Senator West, 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.   
          
         There being a quorum present at 2:08 p.m., the clerk called the  
         roll. 
          
         Senator West moved that HB 2221 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, 1 nay, 0  
         present not voting, and 3 absent.   
          
         Senator Shapiro previously sent up a committee substitute to HB  
         4.  Senator Shapiro moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator Shapiro moved  
  
         that HB 4 do not pass but that CSHB 4 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 Shapiro moved that HB 2109 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 Shapiro moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB 2162 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 Shapiro moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Zaffirini moved that HB 283 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, 1 nay, 0  
         present not voting, and 3 absent.   
          
         Senator West moved that HB 295 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 Van de Putte moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Van de Putte moved that HB 1102 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 Van de Putte  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator West moved that HB 1791 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 moved that HB 3012 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 Janek moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Williams moved that HB 3297 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 Williams moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Van de Putte moved that HB 3468 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 Van de Putte  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator West sent up Committee Amendment 1 to HB 3563 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         West moved that HB 3563, 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 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 moved that HB 603 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 Janek moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator West sent up a committee substitute to HB 2808; 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.   
          
         At 2:23 p.m. Senator West assumed the chair.  
          
         Senator Shapiro sent up Committee Amendment 1 to HB 2808 and  
         moved adoption; without objection, the amendment was adopted.    
          
         At 2:24 p.m. Senator Shapiro resumed the chair.   
          
         The chair requested unanimous consent to roll the amendment into  
         the committee substitute on HB 2808; without objection, it was  
         so ordered.  Senator West then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator West moved that HB 2808 do not pass but that CSHB 2808  
         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 subcommittee report on SB 934 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
  
         that SB 934 do not pass but that CSSB 934 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 subcommittee report on HB 381 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
         that HB 381 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.   
          
         The subcommittee report on HB 495 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
         that HB 495 do not pass but that CSHB 495 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 subcommittee report on HB 868 was laid out by the chair.   
         Senator Williams then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator Williams  
         moved that HB 868 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 Williams moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The subcommittee report on HB 994 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
         that HB 994 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.   
          
         The subcommittee report on HB 1063 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
         that HB 1063 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.   
          
         The subcommittee report on HB 1215 was laid out by the chair.   
         Senator Janek then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator Janek  
         moved that HB 1215 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 Janek moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The subcommittee report on HB 1274 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
         that HB 1274, 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 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 subcommittee report on HB 1409 was laid out by the chair.   
         Senator Williams then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator Williams  
         moved that HB 1409 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 Williams moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The subcommittee report on HB 1737 was laid out by the chair.   
         Senator Van de Putte then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         Van de Putte moved that HB 1737, 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 6 ayes, 0  
         nay, 0 present not voting, and 3 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 subcommittee report on HB 2333 was laid out by the chair.   
         Senator West then moved adoption of the subcommittee report;  
         there being no objection, it was so ordered.  Senator West moved  
         that HB 2333 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.   
          
         The subcommittee report on HB 2441 was laid out by the chair.   
         Senator Van de Putte then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
  
         Van de Putte moved that HB 2441 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 West moved adoption of the minutes from the previous  
         hearing held on May 17, 2005; without objection, it was so  
         ordered.   
          
         Senator Zaffirini requested to be shown voting aye on all bills  
         that were voted on that Senator Van de Putte voted aye on; there  
         being no objection, it was so ordered. 
          
         The chair laid out HB 316.  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.   
          
         At 2:40 p.m. Senator West assumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 1  on HB 316 and  
         moved adoption; without objection, the amendment was adopted.   
          
         At 2:41 p.m. Senator Shapiro resumed the chair.   
          
         Senator West sent up Committee Amendment 2 on HB 316 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Shapiro requested unanimous consent to incorporate amendments  
         into the committee substitute; without objection, it was so  
         ordered.  Senator West sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.   
         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  
         requested unanimous consent to incorporate amendments into the  
         committee substitute; without objection, it was so ordered.   
         Senator West then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.  Senator West  
         moved that HB 316 do not pass but that CSHB 316 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.   
          
         There being no further business, at 2:47 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