MINUTES
SENATE COMMITTEE ON EDUCATION
Thursday, May 13, 1999
11:00 am
Capitol Extension Auditorium, E1.004
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Education
was held on Thursday, May 13, 1999 in Capitol Extension
Auditorium, E1.004, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Teel Bivins Senator Gregory Luna
Senator David Cain Senator Bill Ratliff
Senator Jane Nelson Senator David Sibley
Senator Steve Ogden
Senator Royce West
Senator Judith Zaffirini
*****
The Chair called the meeting to order at 3:00 pm. The
following business was transacted.
This committee hearing was held over a two day period. On the
13th, the committee laid out the following bills, recessed at
5:30 pm, and left them pending action until they reconvened on
Friday the 14th at 8:05 am:
HB 98, HB 211, HB 617, HB 618, HB 633, HB 926, HB 1104, HB
1275, HB 1733, HB 2075, HB 2344, HB 2401, HB 2806, HCR 117, HB
2591, HB 2011, HB 3204, HB 1671.
The following action was taken on the posted and
rule-suspended bills in the Education Committee on May 13th
from 3:00 p.m. to 5:30 p.m. and May 14th from 8:05 a.m. to
8:55 a.m., and 9:55 p.m. to 10:40 p.m.:
The Chair laid out HB 3675 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.
The Chair moved that HB 3675 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Zaffirini moved that HB 3675 do not pass,
but that CSHB 3675 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 3 absent.
The Chair laid out HB 211 and recognized Senator Bivins, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Bivins sent up Committee Amendment
1 and moved adoption; without objection, the amendment was
adopted. Senator Bivins sent up Committee Amendment 2 and
moved adoption; without objection, the amendment was adopted.
Senator Bivins sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Bivins requested unanimous consent to incorporate the
amendments into the bill to create a 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 HB 211 be
left pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Ogden moved that
HB 211 do not pass, but that CSHB 211 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 3 absent.
The Chair laid out HB 907 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 907 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ogden moved that HB 907 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 1
present not voting, and 3 absent.
The Chair laid out HB 98 and recognized Senator Ogden, 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 98 be left pending to
await a quorum; without objection it was so ordered. Upon
arrival of a quorum, Senator Ogden moved that HB 98 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 5
ayes, 0 nays, 0 present not voting, and 4 absent.
The Chair laid out HB 617 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator West sent up a committee substitute; the Chair
recognized Senator West 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. The Chair moved that HB 617 be left
pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator West withdrew the
previously offered substitute; without objection, it was so
ordered. Senator West moved that HB 617 be reported favorably
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 3 absent.
The Chair laid out HB 618 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. Witnesses
testifying and registering on the bill are shown on the
attached list. Senator West sent up a committee substitute;
the Chair recognized Senator West 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. The Chair moved that HB
618 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Zaffirini
moved that HB 618 do not pass, but that CSHB 618 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 3 absent. Senator Zaffirini moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out HB 633 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Bivins sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. The
Chair moved that HB 633 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Zaffirini withdrew Committee Amendment 1;
without objection, it was so ordered. Senator Zaffirini moved
that HB 633 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 3 absent.
The Chair laid out HB 926 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 926 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Zaffirini moved that HB 926 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 3 absent.
The Chair laid out HB 1104 and recognized the Senate sponsor,
Senator Cain, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that HB 1104 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Cain moved that HB 1104 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 3 absent. Senator Cain moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out HB 1275 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 1275 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Zaffirini moved that HB 1275 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 3 absent.
The Chair laid out HB 2011 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. The Chair moved that
HB 2011 be left pending to await a quorum; without objection
it was so ordered. Upon arrival of a quorum, Senator
Zaffirini moved that HB 2011 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 3 absent.
The Chair laid out HB 2075 and recognized the Senate sponsor,
Senator Cain, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that HB 2075 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ogden moved that HB 2075 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 3 absent.
The Chair laid out HB 2344 and recognized Senator Ogden, 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 2344 be left
pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Cain moved that HB
2344 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 3 absent.
The Chair laid out subcommittee report on HB 2344 and
recognized the Subcommittee Chair, Senator Ogden moved that
the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out HB 2401 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that HB 2401 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nelson moved that HB 2401 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 3 absent.
The Chair laid out HB 2806 and recognized the Senate sponsor,
Senator West, to explain the bill. The Chair moved that HB
2806 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator West moved
that HB 2806 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 3 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 HB 3204 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that HB 3204 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Bivins moved that HB 3204 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 3 absent.
The Chair laid out HCR 117 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that HCR 117 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Cain moved that HCR 117 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 3 absent. Senator Cain moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out SB 1671 and recognized Senator West, in the
absence of the author, to explain the bill. The Chair moved
that SB 1671 be left pending to await a quorum; without
objection it was so ordered. Upon arrival of a quorum,
Senator Cain moved that SB 1671 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 3 absent. Senator Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB 217. Senator Zaffirini moved that HB
217 be reported favorably 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 3 absent. Senator Zaffirini moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB 1418. Senator Zaffirini moved that HB
1418 be reported favorably 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 3 absent.
The Chair laid out HB 1542 and recognized Senator Nelson, in
the absence of the Senate sponsor, to explain the bill.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. The
Chair moved that HB 1542 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nelson requested unanimous consent to
incorporate the amendment into the bill to create a committee
substitute; without objection, it was so ordered. Senator
Nelson then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator Nelson
moved that HB 1542 do not pass but that CSHB 1542 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 3 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 HB 1689. Senator Zaffirini moved that HB
1689 be reported favorably 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 3 absent.
The Chair laid out HB 2591 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator West moved that HB 2591 be reported favorably 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 3 absent.
The Chair laid out HB 2685. Senator Ogden moved that HB 2685
be reported favorably 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 3 absent.
The Chair laid out HB 3138. Senator Zaffirini moved that HB
3138 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 5 ayes, 1 nay, 0 present not voting,
and 3 absent.
The Chair laid out HB 1733 (this bill was tagged by Senator
Duncan, the tag was lifted by Senator Duncan at 8:30 a.m. on
5/14/99) and recognized the Senate sponsor, Senator Zaffirini,
to explain the bill. Witnesses testifying and registering on
the bill are shown on the attached list. The Chair moved that
HB 1733 be left pending to await a quorum; without objection
it was so ordered. Upon arrival of a quorum, Senator
Zaffirini moved that HB 1733 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 3 absent.
The Chair laid out HB 3011 and recognized Senator Bivins, in
the absence of the Senate sponsor, 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 HB 3011 be
left pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Cain moved that HB
3011 do not pass, but that CSHB 3011 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 5 ayes, 0 nays, 0 present
not voting, and 4 absent. (The Committee Report for this bill
was not turned in to the Calendar Clerk by midnight on
5/14/99.)
The Chair laid out HB 3447 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. The Chair moved that HB
3447 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Bivins
moved that HB 3447 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 3 absent. Senator Ogden moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB 3653 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that HB 3653 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Zaffirini moved that HB 3653 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 3 absent.
The Chair laid out HB 1702 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator Zaffirini moved that HB 1702 be reported favorably 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 3 absent.
The Chair laid out HB 3420 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator West moved that HB 3420 be reported favorably 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 3 absent.
The Chair laid out SB 1910 and recognized the author, Senator
Nelson, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
Chair moved that SB 1910 be left pending; without objection,
it was so ordered.
The Chair laid out HB 2202 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator West moved that HB 2202 be reported favorably 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 3 absent.
The Chair laid out HB 1678 and recognized Senator Zaffirini,
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 1678 be left
pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Zaffirini moved
that HB 1678 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 5 ayes, 1 nay, 0 present not voting,
and 3 absent.
The Chair laid out HB 3573 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. The Chair
moved that HB 3573 be left pending to await a quorum; without
objection it was so ordered. Upon arrival of a quorum,
Senator West moved that HB 3573 be reported back to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a vote of 5 ayes, 0 nays, 0 present not
voting, and 4 absent.
The Chair laid out HB 1224 and recognized the Senate sponsor,
Senator West, to explain the bill. The Chair moved that HB
1224 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator West moved
that HB 1224 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 3 absent.
The subcommittee report on HB 1535 was laid out by Senator
West. Senator West moved that HB 1535 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 0
present not voting, and 4 absent.
There was no action taken on HB 1576 by Gallego/Shapleigh.
There being no further business, at 10:40 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