MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Thursday, June 23, 2005 
                                     10:00 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, June 23, 2005, in the Capitol Extension, Room  
         E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                Senator Leticia Van de  
         Putte 
         Senator Royce West 
         Senator Kip Averitt 
         Senator Kyle Janek 
         Senator Steve Ogden 
         Senator Todd Staples 
         Senator Tommy Williams 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 11:18 a.m.  The  
         following business was transacted:   
          
         At 11:18 a.m. Senator Averitt assumed the chair.   
          
         The chair laid out SB 2 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.   
          
         At 12:11 p.m. Senator Shapiro resumed the chair.   
          
         At 12:11 p.m. Senator Shapiro moved that the committee stand  
         recessed until 1:30 p.m; without objection, it was so ordered.   
  
         At 1:27 p.m. the committee reconvened.  Senator Shapiro in  
         chair. 
          
         There being a quorum present at 1:27 p.m., the clerk called the  
         roll. 
          
         At 1:29 p.m. Senator West assumed the chair.   
          
         The Committee resumed discussion on the Committee Substitute to  
         SB 2 by Senator Shapiro. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Averitt sent up Committee Amendment 1 and moved  
         adoption.  The motion carried with a record vote of 5 ayes, 1  
         nay, 0 present not voting, and 3 absent.   
          
         Senator Averitt sent up Committee Amendment 2.  Committee  
         Amendment 2 was withdrawn. 
          
         Senator Shapiro sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 4 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 5 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Staples sent up Committee Amendment 6 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Staples sent up Committee Amendment 7 and moved  
         adoption; without objection, the amendment was adopted.   
          
         At 2:37 p.m. Senator Ogden assumed the chair.   
          
         Senator West sent up Committee Amendment 8.  Committee Amendment  
         8 was withdrawn. 
          
         Senator West sent up Committee Amendment 9 and moved adoption.   
         The motion carried with a record vote of 4 ayes, 3 nays, 0  
         present not voting, and 2 absent.   
          
         Senator West sent up Committee Amendment 10.  Committee  
         Amendment 10 was withdrawn. 
          
         Senator West sent up Committee Amendment 11.  Committee  
         Amendment 11 was temporarily left pending.   
         Senator West sent up Committee Amendment 12 in the absence of  
         its author Senator Van de Putte and moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 11, which had been  
         temporarily been left pending  and moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 13.  Committee  
         Amendment 13 was withdrawn. 
          
         Senator West sent up Committee Amendment 14, in the absence of  
         its author Senator Van de Putte and moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 15.  Committee  
         Amendment 15 was withdrawn. 
          
         Senator West sent up Committee Amendment 16 and moved adoption.   
         The motion failed by a record vote of 3 ayes, 5 nays, 0 present  
         not voting, and 1 absent.   
          
         Senator West sent up Committee Amendment 17 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 18 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 19, in the absence of  
         its author Senator Van de Putte and moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 20.  Committee  
         Amendment 20 was withdrawn. 
          
         Senator West sent up Committee Amendment 21 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 22.  Committee  
         Amendment 22 was withdrawn. 
          
         Senator West sent up Committee Amendment 23 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 24 and moved adoption.   
         The motion carried with a record vote of 6 ayes, 2 nays, 0  
         present not voting, and 1 absent.   
          
         Senator West sent up Committee Amendment 25 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Zaffirini sent up Committee Amendment 26 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 27 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Williams sent up Committee Amendment 28 and moved  
         adoption; without objection, the amendment was adopted.   
  
         The chair moved that the public testimony be closed; without  
         objection, it was so ordered.   
          
         Senator Shapiro requested unanimous consent to roll the  
         amendments into the committee substitute; without objection, it  
         was so ordered.   
          
         Senator Shapiro then moved that the new committee substitute be  
         adopted; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB 2 do not pass but that CSSB 2 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, 2 nays, 0 present not voting, and 1 absent.   
          
         Senator West requested unanimous consent to be shown voting aye;  
         there being no objection, it was so ordered. 
          
         At 3:36 p.m. Senator Shapiro resumed the chair.   
          
         There being no further business, at 3:36 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