MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Thursday, April 14, 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 Thursday, April 14, 2005, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                Senator Steve Ogden 
         Senator Royce West 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Todd Staples 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 8:36 a.m.  The  
         following business was transacted:   
          
         Senator Van de Putte in chair. 
          
         The chair laid out SB 1374 and recognized Senator Shapleigh, in  
         the absence of the author, to explain the bill.  Senator Van de  
         Putte explained the amendment.  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 Van de Putte moved that  
         SB 1374 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out SB 1446 and recognized Senator Shapleigh, in  
         the absence of the author, to explain the bill.  Senator Van de  
         Putte laid out the substitute.  Senator Shapleigh explained the  
         substitute.  Senator Shapleigh explained the amendment.  
         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 Van de  
         Putte moved that SB 1446 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1583 and recognized Senator Shapleigh, in  
         the absence of the author, 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 Van de Putte  
         moved that SB 1583 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         At 9:10 a.m. Senator Zaffirini assumed the chair.   
          
         The chair laid out SB 474 and recognized the author, Senator  
         Barrientos, to explain the bill.  The chair laid out the  
         substitute.  Senator Barrientos explained the substitute.  The  
         chair laid out Committee Amendment No. 1, Senator Barrientos  
         explained the amendment.  The chair laid out Committee Amendment  
         No. 2, Senator Barrientos explained the amendment.  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 474 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         The chair laid out SB 962 and recognized Senator Shapleigh, in  
         the absence of the author, to explain the bill.  The chair laid  
         out the substitute, Senator Shapleigh explained the substitute.  
         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 962 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out SB 1393 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.  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 1393 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB 1395 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 Zaffirini moved that SB 1395 be left  
         pending to await a quorum; without objection, it was so ordered.   
          
         Previously, HB 2 was laid out in Committee.  The committee  
         substitute was adopted in the April 5, 2005 Senate Committee on  
         Education hearing. 
          
         Senator Shapiro explained to the Committee members the sections  
         in CSHB 2 to be discussed regarding school funding.  The  
  
         provisions discussed were as follows: 
          
         Article 1- Public School Finance 
              Part A.  Education Funding 
              Part B.  School Facilities 
          
         Article 2- Education Excellence 
              Part D.    Instructional Materials 
          
         Article 3- Statewide Property Tax 
          
         At 9:34 a.m. Senator West assumed the chair.   
          
         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 HB 2 be left pending; without objection,  
         it was so ordered.  
          
         At 9:45 a.m. Senator Shapiro resumed the chair.  
          
         There being a quorum present at 9:45 a.m., the clerk called the  
         roll. 
          
         Senator West moved adoption of the minutes from the previous  
         hearings held on March 22, 2005, March 29, 2005, March 31, 2005,  
         and April 5, 2005; without objection, it was so ordered.   
          
         The following bills voted on were left pending from earlier in  
         the hearing: 
          
         The chair laid SB 1374 by Senator Staples.  Senator Shapiro sent  
         up Committee Amendment 1 in the absence of the author, Senator  
         Staples, and moved adoption; without objection, the amendment  
         was adopted.  Senator Zaffirini moved that SB 1374, 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.  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 1446 by Senator Averitt.  Senator Averitt  
         sent up a committee substitute; the chair recognized Senator  
         Averitt 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.  Senator Zaffirini sent up Committee Amendment 1 and  
         moved adoption; without objection, the amendment was adopted.   
         The chair requested unanimous consent to roll the amendment into  
         the  committee substitute; without objection, it was so ordered.  
         Senator Williams moved that SB 1446 do not pass but that CSSB  
         1446 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 Averitt moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The chair laid out SB 1583 by Senator Zaffirini.  Senator West  
         moved that SB 1583 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.   
          
         At 9:50 a.m. Senator West assumed the chair.   
          
         The laid out SB 962 by Senator Shapiro.  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.  Senator  
         Shapiro moved that SB 962 do not pass but that CSSB 962 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, 1 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.   
          
         The chair laid out SB 1393 by Senator Shapiro.  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.  Senator Shapiro moved that SB 1393 do not pass but  
         that CSSB 1393 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.   
          
         The chair laid out SB 1395 by Senator Shapiro.  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.  Senator Shapiro moved that SB 1395 do not pass but  
         that CSSB 1395 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 9:54 a.m. Senator Shapiro resumed the chair.   
          
         At 9:54 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 1:54 p.m. the committee reconvened.  Senator Zaffirini in  
         chair. 
          
         The Committee resumed public testimony on CSHB 2. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list. 
          
         At 2:00 p.m. Senator West assumed the chair.   
          
         A quorum was present and testimony on CSHB 2 was temporarily  
         closed to vote on bills. 
          
         At 2:06 p.m. Senator Shapiro resumed the chair.   
          
         The following bills voted on were Subcommittee Reports from the  
         Senate Subcommittee on Higher Education: 
          
         There was no action taken for the following bill(s): SB 801 by  
         Senator Lucio and SCR 24 by Senator West. 
          
         The chair laid out the subcommittee report on SB 30 by Senator  
         Zaffirini.  The subcommittee report was adopted; without  
         objection, it was so ordered.  The chair opened public  
         testimony.  The chair closed public testimony.  Senator West  
         moved that SB 30 do not pass but that CSSB 30 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.   
          
         The chair laid out the subcommittee report on SB 95 by Senator  
         Shapleigh.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 95 do not pass but that CSSB 95 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, 1 present not voting, and 1 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 the subcommittee report on SB 157 by Senator  
         Fraser.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 157 do not pass but that CSSB 157 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 the subcommittee report on SB 333 by Senator  
         West.  Senator Janek then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         Janek moved that SB 333 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 subcommittee report on SB 448 by Senator  
         Zaffirini.  Senator Zaffirini then moved adoption of the  
         subcommittee report; there being no objection, it was so  
         ordered.  Senator Zaffirini 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 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.    
          
         The chair laid out subcommittee report on SB 676 by Senator  
         West.  Senator West then moved adoption of the subcommittee  
         report; there being no 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 676 do not pass but that CSSB 676 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 subcommittee report on SB 928 by Senator  
         Ellis.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 928 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 West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out subcommittee report on SB 929 by Senator  
         Ellis.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 929 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 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 936 by Senator  
         West.  Senator Staples then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
  
         Staples moved that SB 936 do not pass but that CSSB 936 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 the subcommittee report on SB 1118 by Senator  
         Ellis.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 1118 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 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 1138 by Senator  
         Estes.   Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 1138 do not pass but that CSSB 1138 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.   
          
         The chair laid out the subcommittee report on SB 1185 by Senator  
         West.  Senator Zaffirini then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         Zaffirini moved that SB 1185 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 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 1193 by Senator  
         Wentworth.  Senator West then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         West moved that SB 1193 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 West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar,  
         there was objection.  The bill did not get a recommendation for  
         the Local & Uncontested Calendar. 
          
         At 2:28 p.m. Senator West assumed the chair.   
          
         The chair laid out the subcommittee report on SB 1226 by Senator  
         Shapiro.  Senator Janek then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         Shapiro moved that SB 1226, 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 8 ayes, 0 nay, 0  
         present not voting, and 1 absent.  Senator Shapiro 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 1228 by Senator  
         Shaprio.  Senator Janek then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         Janek moved that SB 1228 do not pass but that CSSB 1228 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.   
          
         At 2:30 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out the subcommittee report on SB 1247 by Senator  
         West.  Senator Janek then moved adoption of the subcommittee  
         report; there being no objection, it was so ordered.  Senator  
         Janek moved that SB 1247 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 West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out SB 474, which was previously laid out in the  
         hearing, and recognized Senator West, in the absence of the  
         author, 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.  Senator West moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator West sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator West sent up Committee Amendment  
         2 and moved adoption; without objection, the amendment was  
         adopted.   The chair requested 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.  Senator West  
         moved that SB 474 do not pass but that CSSB 474 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.   
          
         At 2:36 p.m. Senator West assumed the chair.   
          
         The Committee resumed public testimony on CSHB 2. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         At 4:14 p.m. Senator Shapiro resumed the chair.   
          
         At 4:18 p.m. Senator West assumed the chair.  
          
         At 4:36 p.m. Senator Shapiro resumed the chair.    
          
         The chair moved that the public testimony be closed; without  
         objection, it was so ordered.   
          
         Senator Shapiro moved that HB 2 be left pending; without  
         objection, it was so ordered.   
          
         There being no further business, at 4:37 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