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