MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                                Friday, May 20, 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 Friday, May 20, 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 Todd Staples 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Leticia Van de Putte 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
         The chair called the meeting to order at 8:48 a.m.  The  
         following business was transacted:   
          
         The chair laid out HB 776 and recognized the Senate sponsor,  
         Senator Janek, 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 HB 776  
         be left pending to await a quorum; without objection, it was so  
         ordered.   
          
         The chair laid out HB 1111 and recognized the Senate sponsor,  
         Senator Brimer, to explain the bill.  Senator Shapiro moved that  
         HB 1111 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 1106 and recognized the Senate sponsor,  
         Senator Janek, 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 HB  
         1106 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 2956 and recognized the Senate sponsor,  
         Senator Lindsay, to explain the bill.  Senator Shapiro moved  
         that HB 2956 be left pending to await a quorum; without  
  
         objection, it was so ordered.   
          
         The chair laid out HB 407 and recognized Senator Lindsay, in the  
         absence of the Senate sponsor, 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 HB 407 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         The chair laid out HB 1829 and recognized the Senate sponsor,  
         Senator Averitt, to explain the bill.  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.  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 HB 1829 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB 2701 and recognized the Senate sponsor,  
         Senator Janek, to explain the bill.  Senator Shapiro moved that  
         HB 2701 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 133 and recognized Senator Williams, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         There being a quorum at 9:10 a.m., the clerk called the roll. 
          
         Senator Williams moved that HB 133 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.  Senator Williams moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 1173 and recognized Senator Williams, in  
         the absence of the Senate sponsor, to explain the bill.  Senator  
         Williams moved that HB 1173 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.  Senator Williams moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 407.  Senator Averitt moved that HB 407 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.  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 HB 776.  Senator Janek moved that HB 776 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.  Senator  
         Janek moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB 1106.  Senator Janek moved that HB 1106 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.  Senator  
         Janek moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB 1111.  Senator Van de Putte moved that HB  
         1111 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.  Senator Van de Putte moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chair laid out HB 1829.  Previously, Senator Averitt sent up  
         a committee substitute.  Senator Averitt moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Averitt moved that HB 1829 do not pass but that CSHB  
         1829 be reported back to the Senate with the recommendation that  
         it do pass and be printed.  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 HB 2701.  Senator Janek moved that HB 2701 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.  Senator  
         Janek moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB 2956.  Senator Janek moved that HB 2956 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.  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 HB 1826 and recognized Senator Janek, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         At 9:19 a.m. Senator Van de Putte assumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 1 on HB 1826 and  
         explained the amendment.  
  
         At 9:24 a.m. Senator Shapiro resumed 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 Shapiro  
         moved that HB 1826 be left pending; without objection, it was so  
         ordered.   
          
         At 9:49 a.m. Senator Shapiro moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): HB 1172, 
         HB 1412, HB 1687, HB 2212, HB 2806 
          
         At 10:07 p.m. the committee reconvened.   
          
         The chair laid out the subcommittee report on HB 1412 and  
         recognized the Senate sponsor, Senator Shapleigh, to explain the  
         bill.  Senator Janek sent up a committee substitute; the chair  
         recognized Senator Shapleigh to explain the difference between  
         the committee substitute and the bill as filed.  Senator Shapiro  
         moved that HB 1412 be left pending to await a quorum; without  
         objection, it was so ordered.   
          
         The chair laid out the subcommittee report on HB 2212 and  
         recognized the Senate sponsor, Senator Shapleigh, to explain the  
         bill. Senator Van de Putte sent up a committee substitute; the  
         chair recognized Senator Shapleigh to explain the difference  
         between the committee substitute and the bill as filed.  Senator  
         Shapiro moved that HB 2212 be left pending to await a quorum;  
         without objection, it was so ordered.   
          
         The chair laid out the subcommittee report on HB 1172 and  
         recognized Senator Van de Putte, in the absence of the Senate  
         sponsor.  Senator Van de Putte sent up a committee substitute;  
         the chair recognized Senator Van de Putte to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Shapiro moved that HB 1172 be left pending to  
         await a quorum; without objection, it was so ordered.   
          
         The chair laid out HB 1687 and recognized the Senate sponsor,  
         Senator West, to explain the bill.  Senator Shapiro moved that  
         HB 1687 be left pending to await a quorum; without objection, it  
         was so ordered.   
          
         The chair laid out HB 1826 once again and recognized the Senate  
         sponsor, Senator West, to explain the bill.   
          
         At 10:17 p.m. Senator Van de Putte assumed the chair.   
          
         Senator Shapiro withdrew Committee Amendment 1 to HB 1826.   
         Senator Shapiro sent up Committee Amendment 2 and explained the  
  
         amendment.  Senator Shapiro withdrew Committee Amendment 2.   
         Senator Van de Putte moved that HB 1826 be left pending to await  
         a quorum; without objection, it was so ordered.     
          
         The chair laid out HB 2330 and recognized the Senate sponsor,  
         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 public  
         testimony be closed; without objection, it was so ordered.   
         Senator Van de Putte moved that HB 2330 be left pending to await  
         a quorum; without objection, it was so ordered.   
          
         At 10:24 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out the subcommittee report on HB 2806 and  
         recognized the Senate sponsor, Senator West, to explain the  
         bill.  Senator Shapiro moved that HB 2806 be left pending to  
         await a quorum; without objection, it was so ordered.   
          
         There being no further business, at 10:28 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