MINUTES SENATE COMMITTEE ON EDUCATION Tuesday, March 15, 2005 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 15, 2005, 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 8:35 a.m. The following business was transacted: The chair laid out SB 658 and recognized the author, Senator Madla, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Madla to explain the difference between the committee substitute and the bill as filed. There being a quorum present at 8:44 a.m., the clerk called the roll. The chair resumed discussion on SB 658. Senator Zaffirini 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 Zaffirini moved that SB 658 do not pass but that CSSB 658 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. The chair laid out SB 274 and recognized the author, Senator Barrientos, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator Barrientos 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB 274 do not pass but that CSSB 274 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. The chair laid out SB 126 and recognized the author, Senator Lindsay, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 10:06 a.m. Senator West assumed the chair. At 10:11 a.m. Senator Shapiro resumed the chair. At 10:17 a.m. Senator West assumed the chair. At 10:27 a.m. Senator Shapiro resumed the chair. The chair moved that the public testimony be closed on SB 126; without objection, it was so ordered. Senator Shapiro moved that SB 126 be left pending; without objection, it was so ordered. The chair laid out SB 253 and recognized the author, Senator West, to explain the bill. 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. 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 Shapiro moved that SB 253 be left pending to await a quorum; without objection, it was so ordered. At 10:58 a.m. Senator Shapiro moved that the committee stand recessed until 30 minutes after adjournment of the Senate; without objection, it was so ordered. At 12:20 p.m. the committee reconvened. The chair laid out SB 23 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. The chair 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 Shapiro moved that SB 23 be left pending to await a quorum; without objection, it was so ordered. At 12:38 p.m. Senator Shapiro moved that the committee stand recessed; without objection, it was so ordered. At 12:48 p.m. the committee reconvened. The chair laid out SB 61 and recognized the author, Senator West, to explain the bill. Senator West sent up Committee Amendment 1. Senator West sent up Committee Amendment 2. 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 Shapiro moved that SB 61 be left pending a quorum; without objection, it was so ordered. At 1:03 p.m. Senator Shapiro moved that the committee stand recessed until 1:30 p.m; without objection, it was so ordered. At 1:35 p.m. the committee reconvened. The chair laid out SB 387, pending business in the Committee, and recognized the author, Senator Wentworth, to explain the bill. At a previous hearing from March 1, 2005, the committee substitute was sent up; the chair recognized Senator Wentworth to explain the difference again between the committee substitute and the bill as filed. Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that SB 387 do not pass but that CSSB 387 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 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. Upon arrival of a quorum, the chair laid out SB 61 and recognized the author, Senator West. Committee Amendment 1 and Committee Amendment 2 were sent up and discussed. Senator West moved that Committee Amendment 1 and Committee Amendment 2 be adopted; without objection, it was so ordered. Senator West requested unanimous consent to roll the amendments into the body of the bill; without objection, it was so ordered. Senator West sent up the new committee substitute. Senator West then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Shapiro moved that SB 61 be left pending; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved adoption of the committee substitute to SB 253; without objection, it was so ordered. Senator West moved that SB 253 do not pass but that CSSB 253 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:43 p.m. Senator West assumed the chair. The chair laid out SB 482 pending business in the Committee and recognized the author, Senator Shapiro, to explain the bill. Senator Shapiro moved to reconsider the motion by which the previous committee substitute was adopted in Committee on March 1, 2005; without objection it was so ordered. Senator Shapiro then sent up a new committee substitute; the chair recognized Senator Shapiro to explain the difference between the new committee substitute and previously adopted committee substitute that was withdrawn. Senator Shapiro moved adoption of the new committee substitute; without objection, it was so ordered. Senator Shapiro moved that SB 482 do not pass but that CSSB 482 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 Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:46 p.m. Senator Shapiro resumed the chair. Senator Shapiro moved that the subcommittee report on SB 32 by Senator Zaffirini be left pending; without objection, it was so ordered. The subcommittee report on SB 34 by Senator Zaffirini was laid out by the chair. Senator Van de Putte then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Van de Putte moved that SB 34 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. At 1:53 p.m. Senator West assumed the chair. The subcommittee report on SB 254 was laid out by Senator West. Senator Shapiro was recognized to explain the subcommittee report on SB 254. Senator Shapiro then moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator Shapiro moved that SB 254 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 Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:54 p.m. Senator Shapiro resumed the chair. The subcommittee report on SB 276 by Senator Staples was laid out by the chair. Senator West moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator West moved that SB 276 do not pass but that CSSB 276 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 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 502 by Senator West was laid out by the chair. The chair moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator West moved that SB 502 do not pass but that CSSB 502 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 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 531 by Senator West was laid out by the chair. Senator West moved adoption of the subcommittee report; there being no objection, it was so ordered. Senator West moved that SB 531 do not pass but that CSSB 531 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 West 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 West moved that SB 23 do not pass but that CSSB 23 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, 1 nay, 0 present not voting, and 1 absent. The chair announced that Senator Staples requested unanimous consent to be shown voting aye on the following bills: SB 658, SB 253, & SB 23. The chair announced that Senator Williams requested unanimous consent to be shown voting aye on the following bills: SB 658 & SB 274. Senator Williams moved adoption of the minutes from the previous hearing held on March 8, 2005; without objection, it was so ordered. The chair announced that Senator Zaffirini requested unanimous consent to be shown voting aye on the following bills: SB 253, SB 23, SB 482, SB 34, SB 254, SB 276, SB 502, & SB 531. The chair announced that Senator Janek requested unanimous consent to be shown voting aye on the following bills: SB 658, SB 274, SB 253, SB 34, SB 276, SB 274, SB 387, SB 254, SB 482. There being no further business, at 2:06 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 Tara Korstad, Clerk