MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Tuesday, March 22, 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 22, 2005, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                Senator Tommy Williams 
         Senator Royce West 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Leticia Van de Putte 
         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 851 and recognized the author, Senator  
         Shapleigh, to explain the bill.  Senator West sent up Committee  
         Amendment 1.  Senator Shapleigh was recognized to explain the  
         amendment.   
          
         There being a quorum present at 8:39 a.m., the clerk called the  
         roll. 
          
         The chair resumed discussion on SB 851.  Senator West moved  
         adoption of Committee Amendment 1; 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 Averitt moved that SB 851, as amended, 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 221 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 Zaffirini moved  
         that SB 221 do not pass but that CSSB 221 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 Zaffirini  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 777 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.   
          
         At 9:43 a.m. Senator West assumed the chair.   
          
         At 9:47 a.m. Senator Shapiro resumed the chair.   
          
         The chair moved that the public testimony be closed on SB 777;  
         without objection, it was so ordered.  Senator Zaffirini moved  
         that SB 777 be reported favorably 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.   
          
         At 10:01 a.m. Senator West assumed the chair.   
          
         The chair laid out SB 959 and recognized the author, Senator  
         Shapiro, to explain the bill. 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 959 be  
         left pending to await a quorum; without objection, it was so  
         ordered.   
          
         At 10:25 a.m. Senator Shapiro resumed the chair.   
          
         The chair laid out SB 188 and recognized the author, Senator  
         Zaffirini, to explain the bill.  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 188  
         be left pending to await a quorum; without objection, it was so  
         ordered.   
          
         The chair laid out SB 189 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.  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 189 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB 190 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.  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 190 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 10:34 a.m. Senator Ogden assumed the chair.   
          
         The chair laid out SB 961 and recognized the author, Senator  
         Shapiro, to explain the bill.  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 Ogden moved that SB 961  
         be left pending to await a quorum; without objection, it was so  
         ordered.   
          
         The chair laid out SB 962 and recognized the author, Senator  
         Shapiro, to explain the bill.  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 Ogden moved that SB 962  
         be left pending to await a quorum; without objection, it was so  
         ordered.   
          
         The chair laid out SB 963 and recognized the author, Senator  
         Shapiro, to explain the bill.  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 Ogden moved that SB 963  
         be left pending to await a quorum; without objection, it was so  
         ordered.  
          
         At 11:02 a.m. Senator Shapiro resumed the chair.    
          
         At 11:02 a.m. Senator Shapiro moved that the committee stand  
         recessed until 45 minutes after adjournment of the Senate;  
         without objection, it was so ordered.   
          
         At 1:31 p.m. the committee reconvened.  There being a quorum  
         present, the following business was transacted: 
          
         Senator Averitt moved adoption of the minutes from the previous  
         hearing held on March 15, 2005; without objection, it was so  
         ordered.   
          
         Senator Zaffirini moved that SB 188 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 Zaffirini moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator West moved adoption of the committee substitute to SB  
         189; without objection, it was so ordered.  Senator West moved  
         that SB 189 do not pass but that CSSB 189 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 Zaffirini moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
         Senator Shapiro moved that SB 190 be left pending; without  
         objection, it was so ordered.    
          
         Senator Shapiro moved that SB 959 be left pending; without  
         objection, it was so ordered.   
          
         At 1:34 p.m. Senator West assumed the chair.  
           
         Senator Shapiro moved that SB 961 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 1:36 p.m. Senator Shapiro resumed the chair.   
          
         Senator Shapiro moved that SB 962 be left pending; without  
         objection, it was so ordered.   
          
         At 1:36 p.m. Senator West assumed the chair.   
          
         Senator Shapiro moved that SB 963 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 1:37 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out the subcommittee report on SB 32, pending  
         business in the Committee, 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.  Senator Zaffirini moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Zaffirini moved that the subcommittee report be adopted;  
         without objection, it was so ordered.  Senator West moved that  
         SB 32 do not pass but that CSSB 32 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, pending business in the Committee,  
         and recognized the author, Senator Lindsay, to explain the bill.   
         Senator Zaffirini sent up a committee substitute; the chair  
         recognized Senator Lindsay 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 126 do not pass but that CSSB 126 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 the subcommittee report on SB 283 by Senator  
         Staples.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 283 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 West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out the subcommittee report on SB 511 by Senator  
         Deuell.  The chair moved that the subcommittee report be  
         adopted; there being no objection, it was so ordered.  Senator  
         Zaffirini moved that SB 511 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 West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out the subcommittee report on SB 527 by Senator  
         Hinojosa.  The chair moved that the subcommittee report be  
         adopted; there being no objection, it was so ordered.  Senator  
         Janek moved that SB 527 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 West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out the subcommittee report on CSSB 702 by  
         Senator Deuell.  Senator Ogden moved that the subcommittee  
         report be adopted; there being no objection, it was so ordered.   
         Senator Ogden moved that SB 702 do not pass but that CSSB 702 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 the subcommittee report on CSSB 730 by  
  
         Senator West.  The chair moved that the subcommittee report be  
         adopted; there being no objection, it was so ordered.  Senator  
         West moved that SB 730 do not pass but that CSSB 730 be reported  
         back to the Senate with the recommendation that it do pass and  
         be printed.  The motion carried with a record vote of 5 ayes, 1  
         nay, 0 present not voting, and 3 absent.   
          
         The chair announced that Senator Ogden requested unanimous  
         consent to be shown voting aye on the following bills:  SB 188,  
         SB 189, SB 221, SB 961, & SB 963. 
          
         There being no further business, at 2:08 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