MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                               Wednesday, May 2, 2001 
                                     9:00 a.m. 
                           Capitol Extension, Room E1.012 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Education was  
         held on Wednesday, May 2, 2001, in the Capitol Extension, Room  
         E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Teel Bivins                     None 
         Senator Judith Zaffirini 
         Senator David Cain 
         Senator Jane Nelson 
         Senator Florence Shapiro 
         Senator David Sibley 
         Senator Todd Staples 
         Senator Carlos Truan 
         Senator Leticia Van de Putte 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:07 a.m.  The  
         following business was transacted:   
          
         Senator Staples assumed the chair.   
          
         The chair laid out HB3343 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.  
          
         Senator Bivins resumed the chair.   
          
         At 9:55 a.m. Senator Bivins moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 4:25 p.m. the committee reconvened.   
          
         Senator Nelson assumed the chair.   
          
         Testimony resumed.  Senator Bivins moved that the previously  
         adopted substitute be withdrawn;  there being no objection, it  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 HB3343 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Bivins moved that  
         HB3343 do not pass but that CSHB3343 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 Bivins resumed the chair.   
          
         The chair laid out HB467 and recognized the Senate sponsor,  
         Senator Nelson, to explain the bill.  Senator Nelson sent up a  
         committee substitute; the chair recognized Senator Nelson 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.  Senator Bivins moved that HB467 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Nelson moved that HB467 do not pass but that  
         CSHB467 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 Cain moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB461 and recognized the Senate sponsor,  
         Senator Haywood, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Bivins moved that HB461 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Nelson moved that HB461 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 Cain moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB462 and recognized the Senate sponsor,  
         Senator Haywood, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Bivins moved that HB462 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Nelson moved that HB462 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 Cain moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB459 and recognized the Senate sponsor,  
         Senator Moncrief, to explain the bill.  Senator Bivins sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Bivins requested unanimous  
         consent to roll the amendments into a committee substitute;  
         without objection, it was so ordered.  Senator Bivins then moved  
         that the committee substitute be adopted; without objection, it  
         was so ordered.  Witnesses testifying and registering on the  
         bill are shown on the attached list.  Senator Bivins moved that  
         HB459 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Truan moved  
         that HB459 do not pass but that CSHB459 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 Truan moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Zaffirini assumed the chair.   
          
         The chair laid out HB623 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.  Senator Zaffirini moved that HB623 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Bivins moved that HB623 do not pass  
         but that CSHB623 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 Bivins moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Bivins resumed the chair.   
         The chair laid out HB1465 and recognized the Senate sponsor,  
         Senator Barrientos, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.   
         Senator Bivins moved that HB1465 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that HB1465 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 Cain moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB1102 and recognized the author, Senator  
         Barrientos, to explain the bill.  Senator Zaffirini sent up a  
         committee substitute; the chair recognized Senator Barrientos to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Zaffirini moved adoption of the  
  
         committee substitute; without objection, it was so ordered.   
         Senator Bivins moved that SB1102 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that SB1102 do not pass but that  
         CSSB1102 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 Truan moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB2864 and recognized the Senate sponsor,  
         Senator Cain, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Bivins moved that HB2864 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Cain moved that HB2864 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 Cain moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB1671 and recognized Senator Cain, 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 moved that HB1671 be left pending to await  
         a quorum; without objection, it was so ordered.  Upon arrival of  
         a quorum, Senator Cain moved that HB1671 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 Cain moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB2584 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 moved that HB2584 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Truan moved that HB2584 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 Truan moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB1769 and recognized the author, Senator  
         Ogden, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Bivins moved that SB1769 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Bivins moved that SB1769 be left pending.   
          
         The chair laid out SB265 and recognized the author, Senator  
  
         Ogden, to explain the bill.  Senator Zaffirini sent up a  
         committee substitute; the chair recognized Senator Ogden to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Zaffirini moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Bivins moved that SB265 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Bivins moved that SB265 be left pending.   
          
         Senator Zaffirini assumed the chair.   
          
         The chair laid out HB1011 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.  Senator Zaffirini moved  
         that HB1011 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Bivins moved that HB1011 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 Bivins moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB1127 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.  Senator Zaffirini moved that HB1127 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, 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.  Senator Bivins moved that HB1127 do not pass  
         but that CSHB1127 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 Bivins moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB1685 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.  Senator  
         Zaffirini moved that HB1685 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Bivins moved that HB1685 do not pass but that CSHB1685  
         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  
         Bivins moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB1938 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.  Senator Zaffirini moved that HB1938 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Bivins moved that HB1938 do not  
         pass but that CSHB1938 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 Bivins moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Nelson assumed the chair.   
          
         The chair laid out SJR52 and recognized the author, Senator  
         Bivins, to explain the bill.  Senator Nelson moved that SJR52 be  
         left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Bivins moved that  
         SJR52 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 Bivins resumed the chair.   
          
         The chair laid out HB1532 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.  Senator Bivins moved  
         that HB1532 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Nelson moved that HB1532 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 Cain moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Nelson assumed the chair.   
          
         The chair laid out SB852 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.   
  
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Senator Bivins moved that SB852 be left  
         pending; without objection, it was so ordered.   
          
         Senator Bivins resumed the chair.   
          
         The chair laid out SB927 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Nelson moved that SB927 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.   
          
         The chair laid out HB1799 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.  Senator Truan moved  
         that HB1799 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 Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out SB1389 and recognized the author, Senator  
         Armbrister, to explain the bill.  Senator Nelson sent up a  
         committee substitute; the chair recognized Senator Armbrister 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.  Senator Bivins moved that SB1389 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB108 and recognized the Senate sponsor,  
         Senator Truan, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  Senator  
         Truan moved that HB108 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, 0 nay, 0 present not  
         voting, and 2 absent.  Senator Truan moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         There was no action taken for the following bill(s): SB 475 by  
         Bernsen 
          
         Senator Van de Putte moved adoption of the minutes from the  
         previous hearings held on April 25, 2001, and April 30, 2001;  
         without objection, it was so ordered.   
          
         There being no further business, at 7:07 p.m. 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