MINUTES
SENATE COMMITTEE ON EDUCATION
Wednesday, March 31, 1999
11:00 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, March 31, 1999 in the Capitol
Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Teel Bivins Senator Gregory Luna
Senator David Cain Senator Judith
Zaffirini
Senator Jane Nelson
Senator Steve Ogden
Senator Bill Ratliff
Senator David Sibley
Senator Royce West
*****
The Chair called the meeting to order at 12:40 pm. There
being a quorum present, the following business was transacted.
Senator Sibley moved that the minutes from the prior hearing
be approved; there being no objection, the minutes were
approved.
The Chair laid out SB 1026 and recognized the author, Senator
Brown, to explain the bill. Senator West sent up a committee
substitute; the Chair recognized Senator Brown to explain the
difference between the committee substitute and the bill as
filed. Senator West 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. Senator Sibley moved that SB 1026 do not pass
but that CSSB 1026 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, 0 nays, 0 present not voting,
and 2 absent.
The Chair laid out SB 870 and recognized the author, Senator
Cain, to explain the bill. Senator Cain sent up a committee
substitute; the Chair recognized Senator Cain to explain the
difference between the committee substitute and the bill as
filed. Senator Cain 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. Senator West moved that SB 870 do not pass but
that CSSB 870 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, 0 nays, 0 present not voting,
and 2 absent.
At 12:55 pm Senator Sibley assumed the chair.
The Chair laid out SB 103 and recognized the author, Senator
Bivins, to explain the bill. Senator Bivins moved to withdraw
the committee substitute that had previously been adopted;
without objection, it was so ordered. 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.
Testimony on this bill was taken at the February 24th hearing.
Senator West sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Bivins
requested unanimous consent to incorporate amendments into the
committee substitute; without objection, it was so ordered.
Senator Bivins then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Bivins
moved that SB 103 do not pass but that CSSB 103 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, 0 nays,
0 present not voting, and 2 absent.
At 1:05 pm Senator Bivins resumed the chair.
The Chair laid out SB 691 and recognized the author, Senator
Lucio, Jr., to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that SB 691 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nelson moved that SB 691 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 1 absent. Senator Nelson moved that
the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 692 and recognized the author, Senator
Lucio, Jr., to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that SB 692 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nelson moved that SB 692 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 1 absent. Senator Nelson moved that
the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 330 and recognized the author, Senator
Barrientos, to explain the bill. Senator Nelson sent up a
committee substitute; the Chair recognized Senator Barrientos
to explain the difference between the committee substitute and
the bill as filed. Senator Nelson 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 CSSB 330 be left
pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator West moved that
SB 330 do not pass but that CSSB 330 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 1 absent.
At 1:50 pm Senator Nelson assumed the chair.
The Chair laid out SB 1472 and recognized the author, 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 CSSB 1472 be left
pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Sibley moved that
SB 1472 do not pass but that CSSB 1472 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 1 absent. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out SB 836 and recognized the author, Senator
Duncan, to explain the bill. Senator Nelson sent up a
committee substitute; the Chair recognized Senator Duncan to
explain the difference between the committee substitute and
the bill as filed. Senator Nelson 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 SB 836 be left
pending; without objection, it was so ordered.
At 2:15 pm Senator Sibley assumed the chair.
The Chair laid out SB 1061 and recognized the author, Senator
Bivins, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that SB 1061 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Sibley moved that SB 1061 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 1 absent.
The Chair laid out SB 1060 and recognized the author, Senator
Bivins, to explain the bill. The Chair moved that SB 1060 be
left pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator West moved that SB
1060 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 1 absent.
Senator West moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 1343 and recognized the author, Senator
Bivins, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that SB 1343 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator West moved that SB 1343 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, 1 nay, 0
present not voting, and 2 absent.
At 2:35 pm Senator West assumed the chair.
The Chair laid out SB 955 and recognized the author, 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.
Senator Bivins sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Bivins requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Bivins then moved that the new
committee substitute be adopted; without objection, it was so
ordered. The Chair moved that CSSB 955 be left pending to
await a quorum, without objection, it was so ordered. Upon
arrival of a quorum, Senator Sibley moved that SB 955 do not
pass but that CSSB 955 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 1 absent.
At 3:25 pm Senator Nelson assumed the chair.
The Chair laid out SB 332 and recognized Senator Bivins, in
the absence of the author, 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. The Chair moved that SB 332 be left pending to
await a quorum; without objection it was so ordered. Upon
arrival of a quorum, Senator West moved that SB 332 do not
pass but that CSSB 332 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 1 absent.
The Chair laid out SB 491 and recognized Senator Bivins, in
the absence of the author, to explain the bill. Senator Bivins
moved that the committee substitute that had previously been
adopted be withdrawn; there being no objection, it was so
ordered. 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. The Chair moved that SB
491 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Bivins
moved that SB 491 do not pass but that CSSB 491 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, 0 nays,
0 present not voting, and 2 absent. Senator West moved that
the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
There was no action taken on SB 266 by Armbrister.
At 3:50 pm Senator Bivins resumed the chair.
The Chair moved that the Committee stand at ease until 4:00
pm, at which time the Committee would vote on the remainder of
the bills.
The Committee reconvened at 4:05 pm.
At 4:05 pm Senator West assumed the chair.
At 4:06 pm Senator Bivins resumed the chair.
The following Subcommittee Reports were voted out of
Committee:
The subcommittee report on SB 149 was laid out by Senator
West. Senator West moved that SB 149 do not pass but that
CSSB 149 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 1 absent. Senator West moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 184 was laid out by Senator
West. Senator West moved that SB 184 be reported favorably 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 1 absent.
The subcommittee report on SJR 16 was laid out by Senator
West. Senator West moved that SJR 16 be reported favorably 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 1 absent.
The subcommittee report on SB 344 was laid out by Senator
West. Senator West moved that SB 344 do not pass but that
CSSB 344 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 1 absent. Senator West moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 481 was laid out by Senator
West. Senator West moved that SB 481 do not pass but that
CSSB 481 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 1 absent. Senator West moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 562 was laid out by Senator
West. Senator West moved that SB 562 be reported favorably 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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 746 was laid out by Senator
West. Senator West moved that SB 746 do not pass but that
CSSB 746 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 1 absent. Senator West moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 900 was laid out by Senator
West. Senator West moved that SB 900 be reported favorably 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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 940 was laid out by Senator
West. Senator West moved that SB 940 be reported favorably 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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 979 was laid out by Senator
West. Senator West moved that SB 979 be reported favorably 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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator West moved that the 24 hour layout rule be suspended
to hear the subcommittee report on SB 1451, there being no
objection, it was so ordered. The subcommittee report on SB
1451 was laid out by Senator West. Senator West moved that SB
1451 be reported favorably 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 1 absent. Senator West moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator West moved that the 24 hour layout rule be suspended
to hear the subcommittee report on SB 1569, there being no
objection, it was so ordered. The subcommittee report on SB
1569 was laid out by Senator West. Senator West moved that SB
1569 be reported favorably 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 1 absent.
The subcommittee report on SB 1716 was laid out by Senator
West. Senator West moved that SB 1716 be reported favorably
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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 1763 as amended was laid out by
Senator West. 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. Senator West moved that SB 1763 do not
pass but that CSSB 1763 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 1 absent. Senator West moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 1765 was laid out by Senator
West. Senator West moved that SB 1765 be reported favorably
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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on HB 229 was laid out by Senator
West. Senator West moved that HB 229 be reported favorably 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 1 absent. Senator West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
There being no further business, at 4:41 pm Senator Bivins
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