MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Tuesday, March 25, 2003 
                                     8:30 a.m. 
                           Capitol Extension, Room E1.028 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Education was  
         held on Tuesday, March 25, 2003, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                None 
         Senator Royce West 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:42 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Shapiro moved adoption of the minutes from the previous  
         hearing held on March 18, 2003; without objection, it was so  
         ordered.   
          
         The following bills were referred to the Subcommittee on Higher  
         Education: SB 1079 and SB 1128. 
          
         There was no action taken for the following bill(s): SB 596 
          
         The chair laid out SB 16 and recognized the author, Senator  
         Staples, to explain the bill.   
          
         Senator Staples sent up a committee substitute; the chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.  Senator Staples  
         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 the public testimony be  
         closed; without objection, it was so ordered.   
  
         Senator Staples moved that SB 16 do not pass but that CSSB 16 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 9  
         ayes, 0 nay, 0 present not voting, and 0 absent.   
          
         At 9:17 a.m. Senator West assumed the chair.   
          
         The chair laid out SB 976 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Senator Shapiro sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator West moved that SB 976 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 10:12 a.m. Senator Shapiro resumed the chair.   
          
         The chair laid out SB 894 and recognized the author, Senator  
         Bivins, to explain the bill.   
          
         Senator Staples sent up a committee substitute; the chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.  Senator Staples  
         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.  
          
         At 10:30 a.m. Senator Van de Putte assumed the chair.  At 10:35  
         a.m. Senator Shapiro resumed the chair.   
          
          The chair moved that the public testimony be closed; without  
         objection, it was so ordered.   
          
         At 10:52 a.m. Senator Shapiro moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.  At 2:25 p.m. the committee  
         reconvened.   
          
         SB 894 continued, Senator Staples sent up Committee Amendment 1  
         and moved adoption; without objection, the amendment was  
         adopted.  Senator Staples sent up Committee Amendment 2 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Staples requested unanimous consent to incorporate  
         amendments into the committee substitute; without objection, it  
         was so ordered.  Senator Staples then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.   
                                                                              
         The chair moved that SB 894 be left pending; without objection,  
         it was so ordered.   
          
         At 2:29 p.m. Senator Staples assumed the chair.   
          
         The chair laid out SB 862 and recognized Senator Shapiro, in the  
         absence of the author, to explain the bill.   
          
         Senator Shapiro sent up a committee substitute; the chair  
         recognized Senator Shapiro to explain the difference between the  
         committee substitute and the bill as filed.  Senator Shapiro  
         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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that SB 862 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1108 and recognized the author, Senator  
         Shapiro, to explain the bill.   
          
         Senator Shapiro sent up a committee substitute; the chair  
         recognized Senator Shapiro to explain the difference between the  
         committee substitute and the bill as filed.  Senator Shapiro  
         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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         The chair moved that SB 1108 be left pending to await a quorum;  
         without objection, it was so ordered.  
          
         At 2:44 p.m. Senator Shapiro resumed the chair.  At 2:45 p.m.  
         the Committee stood at ease, at 2:53 p.m. the chair called the  
         meeting back to order.  
          
         The chair laid out SB 83 and recognized the author, Senator  
         Wentworth, to explain the bill.   
          
         Senator Averitt sent up a committee substitute; the chair  
         recognized Senator Wentworth to explain the difference between  
         the committee substitute and the bill as filed.  Senator Averitt  
         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 the public testimony be  
         closed; without objection, it was so ordered.   
                                                                            
         The chair moved that SB 83 be left pending to await a quorum;  
         without objection, it was so ordered.  
          
         At 3:03 p.m. the chair moved that the committee stand recessed  
         until 4:30 p.m; without objection, it was so ordered.  At 4:35  
         p.m. the committee reconvened.   
          
         The chair laid out SB 448 and recognized the author, Senator  
         Williams, to explain the bill.   
          
         Senator Williams moved to reconsider the motion by which the  
         committee substitute to SB 448 was previously adopted, without  
         objection it was so ordered.  
          
         Senator Williams sent up a new committee substitute; the chair  
         recognized Senator Williams to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Williams 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Williams moved that SB 448 do not pass but that CSSB 448  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 9 ayes, 0 nay, 0 present not voting, and 0 absent.   
          
         Senator Williams moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Staples moved that SB 862 do  
         not pass but that CSSB 862 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         At 4:45 p.m. Senator West assumed the chair.   
          
         Having previously being laid out SB 976, Senator Shapiro sent up  
         Committee Amendment 2 and moved adoption; without objection, the  
         amendment was adopted.  Senator Shapiro requested unanimous  
         consent to roll the amendments into a committee substitute;  
         without objection, it was so ordered.  Senator Shapiro then  
         moved that the committee substitute be adopted; without  
         objection, it was so ordered.   
          
         Senator Shapiro moved that SB 976 do not pass but that CSSB 976  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 9 ayes, 0 nay, 0 present not voting, and 0 absent.  
          
         Upon arrival of a quorum, Senator Shapiro moved that SB 1108 do 
         not pass but that CSSB 1108 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         At 4:48 p.m. Senator Shapiro resumed the chair.   
          
         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  
         committee substitute; without objection, it was so ordered.   
         Senator West then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator West moved that SB 83 do not  
         pass but that CSSB 83 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 absent.   
          
         There being no further business, at 5:05 p.m. Senator Shapiro  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         Senator Florence Shapiro, Chair                                             
                                                                Cindy  
                                                                Hodges,  
                                                                Clerk