MINUTES SENATE COMMITTEE ON EDUCATION Thursday, August 4, 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, August 4, 2005, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro None Senator Royce West Senator Kip Averitt Senator Kyle Janek Senator Steve Ogden Senator Todd Staples Senator Leticia Van de Putte Senator Tommy Williams Senator Judith Zaffirini MEMBERS PRESENT (Not on the Committee): Senator Robert Duncan Senator Rodney Ellis Senator Mario Gallegos Senator Eddie Lucio, Jr. Senator Kel Seliger Senator Eliot Shapleigh Senator John Whitmire ***** The chair called the meeting to order at 10:11 a.m. There being a quorum present, the following business was transacted: At 10:13 a.m. Senator West assumed the chair. The chair laid out SB 8 by Senator Shapiro. At 10:14 a.m. Senator Zaffirini assumed the chair. Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. At 10:17 a.m. Senator West assumed the chair. Senator Shapiro sent up Committee Amendment 2 and moved adoption. The motion carried with a record vote of 5 ayes, 4 nays, 0 present not voting, and 0 absent. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini sent up Committee Amendment 3 and moved adoption. The motion failed by a record vote of 3 ayes, 5 nays, 0 present not voting, and 1 absent. Senator Zaffirini sent up Committee Amendment 4. Committee Amendment 4 was withdrawn by the author. Senator Zaffirini sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 6 and moved adoption. The motion failed by a record vote of 1 aye, 5 nays, 0 present not voting, and 3 absent. Senator Zaffirini sent up Committee Amendment 7 and moved adoption. The motion failed by a record vote of 3 ayes, 3 nays, 0 present not voting, and 3 absent. Senator Zaffirini sent up Committee Amendment 8 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 9 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 10. Senator Rodney Ellis was recognized to explain Committee Amendment 10 in detail. Committee Amendment 10 was withdrawn by the author. At 11:58 a.m. Senator Janek assumed the chair. Senator West sent up Committee Amendment 11. Committee Amendment 11 was left pending. At 12:25 p.m. Senator West resumed the chair. Senator Shapiro sent up Committee Amendment 12 and moved adoption; without objection, the amendment was adopted. Witness (shown on the attached list) testified before the Committee on Committee Amendment 2. Senator Shapiro sent up Committee Amendment 13 and moved adoption; without objection, the amendment was adopted. Senator Staples sent up Committee Amendment 14 and moved adoption; without objection, the amendment was adopted. Senator Averitt sent up Committee Amendment 15 and moved adoption; without objection, the amendment was adopted. Senator Averitt sent up Committee Amendment 16 and moved adoption; without objection, the amendment was adopted. Senator Van de Putte sent up Committee Amendment 17. At 12:40 p.m. Senator Janek resumed the chair. Committee Amendment 17 was left pending. At 1:00 p.m. Senator Shapiro resumed the chair. At 1:00 p.m. Senator Shapiro moved that the committee stand recessed until 30 minutes after adjournment of the Senate; without objection, it was so ordered. At 2:54 p.m. the committee reconvened. Senator Shapiro in chair. At 2:56 p.m. Senator Ogden assumed the chair. Senator Van de Putte sent up Committee Amendment 17, which was left pending from earlier in the hearing. Committee Amendment 17 was then withdrawn by the author. Senator Van de Putte sent up Committee Amendment 17(a). Committee Amendment 17(a) was left pending a quorum. Senator Van de Putte sent up Committee Amendment 18. Committee Amendment 18 was withdrawn by the author. Senator Van de Putte sent up Committee Amendment 17(a), which was previously left pending a quorum, and moved adoption; without objection, the amendment was adopted. Senator Van de Putte sent up Committee Amendment 19 and moved adoption; without objection, the amendment was adopted. At 3:01 p.m. Senator West resumed the chair. Senator Van de Putte sent up Committee Amendment 20. Committee Amendment 20 was withdrawn by the author. Senator Janek sent up Committee Amendment 21 and moved adoption; without objection, the amendment was adopted. Senator Janek sent up Committee Amendment 22 and moved adoption; the amendment was adopted. Senator Zaffirini requested to be shown voting no on Committee Amendment 22. Senator Staples sent up Committee Amendment 23 and moved adoption; without objection, the amendment was adopted. Senator Janek sent up Committee Amendment 24 and moved adoption; without objection, the amendment was adopted. Senator Shapiro sent up Committee Amendment 25 and moved adoption; without objection, the amendment was adopted. At 3:38 p.m. Senator Ogden assumed the chair. Senator West sent up Committee Amendment 26 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 11, which had been left pending previously in the hearing. Senator West then sent up an amendment to Committee Amendment 11 and moved adoption. The motion failed by a record vote of 4 ayes, 4 nays, 0 present not voting, and 1 absent. Senator West sent up Committee Amendment 11 and moved adoption. The motion failed by a record vote of 4 ayes, 4 nays, 0 present not voting, and 1 absent. At 3:48 p.m. Senator West resumed the chair. Senator Ogden sent up Committee Amendment 27. At 4:00 p.m. Senator Janek resumed the chair. Senator Ogden then moved adoption of Committee Amendment 27, and moved adoption. The motion carried with a record vote of 5 ayes, 2 nays, 0 present not voting, and 2 absent. The chair moved that the public testimony be closed; without objection, it was so ordered. At 4:10 p.m. Senator West resumed the chair. Senator Shapiro requested unanimous consent to roll the amendments into the bill as filed to create a 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 SB 8 do not pass but that CSSB 8 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, 2 nays, 1 present not voting, and 1 absent. Senator Zaffirini requested unanimous consent to be shown voting no on CSSB 8 as long as it did not change the outcome of the vote, it was so ordered. At 4:13 p.m. Senator Shapiro resumed the chair. There being no further business, at 4:15 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