MINUTES SENATE COMMITTEE ON EDUCATION Wednesday, May 14, 1997 9:00 am Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Education was held on Wednesday, May 14, 1997 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Teel Bivins Senator Bill Ratliff Senator Gregory Luna Senator David Sibley Senator Gonzalo Barrientos Senator Troy Fraser Senator Michael Galloway Senator Tom Haywood Senator Eliot Shapleigh Senator Royce West Senator Judith Zaffirini ***** The Chair called the meeting to order at 1:00 pm. The following business was transacted. The Chair laid out HCR 209 and recognized the Senate sponsor, Senator Bivins, to explain the bill. The Chair moved that HCR 209 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Bivins moved HCR 209 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 1:02 pm Senator Shapleigh assumed the chair. The Chair laid out HB 1468 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Bivins sent up a committee substitute; the Chair recognized Senator Bivins to explain the difference between the committee substitute and the bill as filed. Senator Bivins moved adoption of the 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 HB 1468 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB 1468 do not pass but that CSHB 1468 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 836 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Bivins sent up a committee substitute; the Chair recognized Senator Bivins to explain the difference between the committee substitute and the bill as filed. Senator Bivins moved adoption of the 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 HB 836 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB 836 do not pass but that CSHB 836 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 1 nay, 0 present not voting, and 2 absent. The Chair laid out HB 762 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator West sent up Committee Amendment 1 and moved adoption. The motion failed by a vote of 3 ayes, 5 nays, 0 present not voting, and 3 absent. The Chair moved that HB 762 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Bivins moved HB 762 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 1 nay, 1 present not voting, and 2 absent. The Chair laid out HB 318 and recognized the Senate sponsor, Senator Bivins, to explain the bill. Senator Bivins sent up a committee substitute; the Chair recognized Senator Bivins to explain the difference between the committee substitute and the bill as filed. Senator Bivins moved adoption of the 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 HB 318 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Shapleigh sent up Committee Amendment 1 and moved adoption. The motion carried with a vote of 6 ayes, 1 nay, 0 present not voting, and 4 absent. Senator Bivins requested unanimous consent to incorporate amendments into the committee substitute. Senator Bivins then moved that the new committee substitute be adopted. Senator Bivins moved that HB 318 do not pass but that CSHB 318 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent. Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3112 and recognized Senator Fraser, in the absence of the Senate sponsor, to explain the bill. Senator Fraser sent up a committee substitute; the Chair recognized Senator Fraser to explain the difference between the committee substitute and the bill as filed. Senator Fraser moved adoption of the 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 HB 3112 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Bivins moved that HB 3112 do not pass but that CSHB 3112 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 1 nay, 0 present not voting, and 3 absent. The Chair laid out HB 1611 and recognized Senator Fraser, in the absence of the Senate sponsor, to explain the bill. Senator Fraser sent up a committee substitute; the Chair recognized Senator Fraser to explain the difference between the committee substitute and the bill as filed. Senator Fraser moved adoption of the committee substitute, without objection, it was so ordered. Senator Fraser sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Fraser requested unanimous consent to incorporate amendments into the committee substitute. Senator Fraser then moved that the new committee substitute be adopted. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1611 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Shapleigh moved that HB 1611 do not pass but that CSHB 1611 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 1 nay, 0 present not voting, and 3 absent. The Chair laid out HB 1640 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator West requested unanimous consent to incorporate amendments into the bill to create a committee substitute. Senator West then moved that the new committee substitute be adopted. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1640 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Luna moved that HB 1640 do not pass but that CSHB 1640 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent. Senator Luna moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 2010 and recognized the Senate sponsor, Senator West, to explain the bill. The bill was tagged prior to the committee hearing, the tag having been lifted, consideration of the bill proceeded. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2010 be left pending; without objection, it was so ordered. At 1:55 pm Senator Fraser assumed the chair. At 3:12 pm Senator Shapleigh resumed the chair. The Chair laid out HB 2394 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2394 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Fraser moved HB 2394 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent. The Chair laid out HB 1548 and recognized the Senate sponsor, Senator Galloway, to explain the bill. Senator Galloway sent up a committee substitute; the Chair recognized Senator Galloway to explain the difference between the committee substitute and the bill as filed. Senator Galloway moved adoption of the 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 HB 1548 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Haywood moved that HB 1548 do not pass but that CSHB 1548 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 0 nays, 0 present not voting, and 3 absent. Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 3:45 pm Senator Haywood assumed the chair. The Chair laid out HB 623 and recognized Senator Shapleigh, 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 HB 623 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Luna moved HB 623 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Luna moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 3:50 pm Senator Shapleigh assumed the chair. The Chair laid out HB 63 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 63 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Fraser moved HB 63 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 2 absent. At 4:00 pm, the committee recessed until 4:30 pm to await a quorum to vote. At 4:35 pm, the committee reconvened. At 4:35 pm Senator Bivins resumed the chair. At this time, the committee voted on the bills that were left pending a quorum. The Chair laid out SB 1019 and recognized the author, Senator Ogden, to explain the bill. At a prior hearing on 05/07/97, a Committee Substitute and Committee Amendment 1 on this bill were adopted. Senator Shapleigh sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Shapleigh requested unanimous consent to incorporate amendments into the committee substitute. Senator Shapleigh then moved that the new committee substitute be adopted. Senator Fraser moved that SB 1019 do not pass but that CSSB 1019 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 0 present not voting, and 5 absent. There being no further business, at 5:35 pm the Chair moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator Teel Bivins, Chair ______________________ Krissy Lilljedahl, Clerk