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MINUTES

 

SENATE COMMITTEE ON EDUCATION

Thursday, April 2, 2009

8:30 a.m.

Capitol Extension, Room E1.028

 

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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, April 2, 2009, in the Capitol Extension, Room E1.028, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Florence Shapiro

Senator Dan Patrick

Senator Kip Averitt

Senator Wendy Davis

Senator Mario Gallegos, Jr.

Senator Steve Ogden

Senator Leticia Van de Putte

Senator Royce West

Senator Tommy Williams

 

None

 

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The chair called the meeting to order at 8:40 a.m.  There being a quorum present, the following business was transacted: 

 

Senator Patrick moved adoption of the minutes from the previous hearing held on March 24, 2009; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 100 and Senator Shapiro, in the absence of the author, explained the bill.  Senator Patrick moved that SB 100 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

At 8:42 a.m. Senator Patrick assumed the chair. 

 

 

 

As a matter of pending business, the chair laid out SB 587 and recognized the author, Senator Shapiro, to explain the bill.  Senator Shapiro moved that SB 587 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.      

 

As a matter of pending business, the chair laid out SB 955 and recognized the author, Senator Shapiro, to explain the bill.  Senator Shapiro moved that SB 955 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

At 8:44 a.m. Senator Shapiro resumed the chair. 

 

As a matter of pending business, the chair laid out SB 817 and Senator Shapiro, in the absence of the author, explained the bill.  Senator Gallegos, Jr. moved that SB 817 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 1 nay, 0 present not voting, and 1 absent.  Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

As a matter of pending business, the chair laid out SB 956 and recognized the author, Senator West, to explain the bill.  Senator West moved to pull down CSSB 956 that had been previously adopted, without objection, it was so ordered.  Senator West sent up a new committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered.  Senator West moved that SB 956 do not pass but that CSSB 956 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 8:47 a.m. Senator Patrick assumed the chair.    

 

As a matter of pending business, the chair laid out SB 1255 and recognized the author, Senator Shapiro, to explain the bill and the substitute previously sent up and adopted.  Senator Shapiro moved that SB 1255 do not pass but that CSSB 1255 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the chair laid out SB 1362 and recognized the author, Senator Shapiro, to explain the bill.  Senator Shapiro moved that SB 1362 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.     

 

Senator Williams requested unanimous consent to be shown voting aye on SB 1362; there being no objection, it was so ordered. This vote is reflected in the final vote on the aforementioned bill.

 

As a matter of pending business, the chair laid out SB 1363 and recognized the author, Senator Shapiro, to explain the bill.  Senator Shapiro moved that SB 1363 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

As a matter of pending business, the chair laid out SB 1576 and recognized the author, Senator Shapiro, to explain the bill.  Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Shapiro requested unanimous consent to roll the amendments into 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 1576 do not pass but that CSSB 1576 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.      

 

At 8:56 a.m. Senator Shapiro resumed the chair. 

 

As a matter of pending business, the chair laid out SB 1606 and Senator Shapiro, in the absence of the author, explained the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered.  Senator Patrick moved that SB 1606 do not pass but that CSSB 1606 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

At 9:05 a.m., Senator Shapiro moved that the committee stand recessed until 10 minutes after the adjournment of the Senate; without objection, it was so ordered.     

 

Pursuant to the suspension of Senate Rule 11.10 and 11.18 at 12:47 pm the committee reconvened at Senator Shapiro’s desk.

 

The clerk called the roll.  There being a quorum present the following business was transacted:

 

Senator Williams assumed the chair. 

 

As a matter of pending business, the chair laid out SB 644 and recognized the author, Senator Shapiro, to explain the bill.  Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed.  Senator Shapiro moved adoption of the committee substitute; without objection, it was so ordered.  Senator Shapiro moved that SB 644 do not pass but that CSSB 644 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

As a matter of pending business, the chair laid out SB 1459 and recognized the author, Senator Shapiro, to explain the bill.  Committee Amendment 1 was sent up and adopted previously by Senator West.  Senator West sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Shapiro requested unanimous consent to roll the amendments into 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 1459 do not pass but that CSSB 1459 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 2 nays, 0 present not voting, and 0 absent. 

 

Senator Shapiro requested unanimous consent to pull down all bills that were certified for the local and uncontested calendar previously due to fiscal implications with the exception of SB 1255 and SB 1606;  without objection it was so ordered.

 

As a matter of pending business, the chair laid out SB 1460 and recognized the author, Senator Shapiro, to explain the bill.  Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Shapiro moved to withdraw Amendment 1; without objection, the amendment was withdrawn.

 

The chair left the bill pending.

 

At 1:11 p.m. Senator Shapiro resumed the chair. 

 

As a matter of pending business, the chair laid out SB 1831 and recognized the author, Senator Patrick, to explain the bill.  Senator Patrick sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Williams sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Williams moved that SB 1831, 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, 4 nays, 0 present not voting, and 0 absent.    

 

Senator Averitt requested unanimous consent to be shown voting aye on SB 100, SB 587, SB 817, SB 955, SB 956, SB 1255, and SB 1606; there being no objection, it was so ordered.

 

Senator Williams requested unanimous consent to be shown voting aye on SB 100, SB 587, SB 955, and SB 956; there being no objection, it was so ordered.

 

Senator Williams requested unanimous consent to be shown voting nay on SB 817; there being no objection, it was so ordered.

 

There being no further business, at 1:40 p.m. Senator Shapiro moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Florence Shapiro, Chair

 

 

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Holly Mabry, Clerk