MINUTES SENATE COMMITTEE ON EDUCATION Thursday, June 23, 2005 10:00 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, June 23, 2005, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro Senator Leticia Van de Putte Senator Royce West Senator Kip Averitt Senator Kyle Janek Senator Steve Ogden Senator Todd Staples Senator Tommy Williams Senator Judith Zaffirini ***** The chair called the meeting to order at 11:18 a.m. The following business was transacted: At 11:18 a.m. Senator Averitt assumed the chair. The chair laid out SB 2 and recognized the author, 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. The chair moved that the public testimony be closed; without objection, it was so ordered. At 12:11 p.m. Senator Shapiro resumed the chair. At 12:11 p.m. Senator Shapiro moved that the committee stand recessed until 1:30 p.m; without objection, it was so ordered. At 1:27 p.m. the committee reconvened. Senator Shapiro in chair. There being a quorum present at 1:27 p.m., the clerk called the roll. At 1:29 p.m. Senator West assumed the chair. The Committee resumed discussion on the Committee Substitute to SB 2 by Senator Shapiro. Witnesses testifying and registering on the bill are shown on the attached list. Senator Averitt sent up Committee Amendment 1 and moved adoption. The motion carried with a record vote of 5 ayes, 1 nay, 0 present not voting, and 3 absent. Senator Averitt sent up Committee Amendment 2. Committee Amendment 2 was withdrawn. 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 and moved adoption; without objection, the amendment was adopted. Senator Staples sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. Senator Staples sent up Committee Amendment 7 and moved adoption; without objection, the amendment was adopted. At 2:37 p.m. Senator Ogden assumed the chair. Senator West sent up Committee Amendment 8. Committee Amendment 8 was withdrawn. Senator West sent up Committee Amendment 9 and moved adoption. The motion carried with a record vote of 4 ayes, 3 nays, 0 present not voting, and 2 absent. Senator West sent up Committee Amendment 10. Committee Amendment 10 was withdrawn. Senator West sent up Committee Amendment 11. Committee Amendment 11 was temporarily left pending. Senator West sent up Committee Amendment 12 in the absence of its author Senator Van de Putte and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 11, which had been temporarily been left pending and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 13. Committee Amendment 13 was withdrawn. Senator West sent up Committee Amendment 14, in the absence of its author Senator Van de Putte and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 15. Committee Amendment 15 was withdrawn. Senator West sent up Committee Amendment 16 and moved adoption. The motion failed by a record vote of 3 ayes, 5 nays, 0 present not voting, and 1 absent. Senator West sent up Committee Amendment 17 and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 18 and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 19, in the absence of its author Senator Van de Putte and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 20. Committee Amendment 20 was withdrawn. Senator West sent up Committee Amendment 21 and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 22. Committee Amendment 22 was withdrawn. Senator West sent up Committee Amendment 23 and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 24 and moved adoption. The motion carried with a record vote of 6 ayes, 2 nays, 0 present not voting, and 1 absent. Senator West sent up Committee Amendment 25 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 26 and moved adoption; without objection, the amendment was adopted. Senator Shapiro sent up Committee Amendment 27 and moved adoption; without objection, the amendment was adopted. Senator Williams sent up Committee Amendment 28 and moved adoption; without objection, the amendment was adopted. The chair moved that the public testimony be closed; without objection, it was so ordered. 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 new committee substitute be adopted; without objection, it was so ordered. Senator Shapiro moved that SB 2 do not pass but that CSSB 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 6 ayes, 2 nays, 0 present not voting, and 1 absent. Senator West requested unanimous consent to be shown voting aye; there being no objection, it was so ordered. At 3:36 p.m. Senator Shapiro resumed the chair. There being no further business, at 3:36 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