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