MINUTES 
                                           
                           SENATE COMMITTEE ON EDUCATION 
                              Thursday, August 4, 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, August 4, 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 
          
         MEMBERS PRESENT (Not on the Committee): 
         Senator Robert Duncan 
         Senator Rodney Ellis 
         Senator Mario Gallegos 
         Senator Eddie Lucio, Jr. 
         Senator Kel Seliger 
         Senator Eliot Shapleigh 
         Senator John Whitmire 
          
                                       ***** 
                                           
         The chair called the meeting to order at 10:11 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         At 10:13 a.m. Senator West assumed the chair.   
          
         The chair laid out SB 8 by Senator Shapiro.   
          
         At 10:14 a.m. Senator Zaffirini assumed the chair.   
          
         Senator West sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.   
          
         At 10:17 a.m. Senator West assumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 2 and moved  
         adoption.  The motion carried with a record vote of 5 ayes, 4  
         nays, 0 present not voting, and 0 absent.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Zaffirini sent up Committee Amendment 3 and moved  
         adoption.  The motion failed by a record vote of 3 ayes, 5 nays,  
         0 present not voting, and 1 absent.   
          
         Senator Zaffirini sent up Committee Amendment 4.  Committee  
         Amendment 4 was withdrawn by the author. 
          
         Senator Zaffirini sent up Committee Amendment 5 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Zaffirini sent up Committee Amendment 6 and moved  
         adoption.  The motion failed by a record vote of 1 aye, 5 nays,  
         0 present not voting, and 3 absent.   
          
         Senator Zaffirini sent up Committee Amendment 7 and moved  
         adoption.  The motion failed by a record vote of 3 ayes, 3 nays,  
         0 present not voting, and 3 absent.   
          
         Senator Zaffirini sent up Committee Amendment 8 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Zaffirini sent up Committee Amendment 9 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Zaffirini sent up Committee Amendment 10.  Senator  
         Rodney Ellis was recognized to explain Committee Amendment 10 in  
         detail.  Committee Amendment 10 was withdrawn by the author. 
          
         At 11:58 a.m. Senator Janek assumed the chair.   
          
         Senator West sent up Committee Amendment 11.  Committee  
         Amendment 11 was left pending. 
          
         At 12:25 p.m. Senator West resumed the chair.   
          
         Senator Shapiro sent up Committee Amendment 12 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Witness (shown on the attached list) testified before the  
         Committee on Committee Amendment 2. 
          
         Senator Shapiro sent up Committee Amendment 13 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Staples sent up Committee Amendment 14 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Averitt sent up Committee Amendment 15 and moved  
         adoption; without objection, the amendment was adopted.  
          
         Senator Averitt sent up Committee Amendment 16 and moved  
         adoption; without objection, the amendment was adopted.    
          
         Senator Van de Putte sent up Committee Amendment 17.   
          
         At 12:40 p.m. Senator Janek resumed the chair.   
          
         Committee Amendment 17 was left pending. 
          
         At 1:00 p.m. Senator Shapiro resumed the chair. 
          
         At 1:00 p.m. Senator Shapiro moved that the committee stand  
         recessed until 30 minutes after adjournment of the Senate;  
         without objection, it was so ordered.     
          
         At 2:54 p.m. the committee reconvened.  Senator Shapiro in  
         chair. 
          
         At 2:56 p.m. Senator Ogden assumed the chair.   
          
         Senator Van de Putte sent up Committee Amendment 17, which was  
         left pending from earlier in the hearing.  Committee Amendment  
         17 was then withdrawn by the author. 
          
         Senator Van de Putte sent up Committee Amendment 17(a).   
         Committee Amendment 17(a) was left pending a quorum. 
          
         Senator Van de Putte sent up Committee Amendment 18.  Committee  
         Amendment 18 was withdrawn by the author. 
          
         Senator Van de Putte sent up Committee Amendment 17(a), which  
         was previously left pending a quorum, and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Van de Putte sent up Committee Amendment 19 and moved  
         adoption; without objection, the amendment was adopted.   
          
         At 3:01 p.m. Senator West resumed the chair.   
          
         Senator Van de Putte sent up Committee Amendment 20.  Committee  
         Amendment 20 was withdrawn by the author. 
          
         Senator Janek sent up Committee Amendment 21 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Janek sent up Committee Amendment 22 and moved adoption;  
         the amendment was adopted.  Senator Zaffirini requested to be  
         shown voting no on Committee Amendment 22. 
          
         Senator Staples sent up Committee Amendment 23 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Janek sent up Committee Amendment 24 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Shapiro sent up Committee Amendment 25 and moved  
         adoption; without objection, the amendment was adopted.   
          
         At 3:38 p.m. Senator Ogden assumed the chair.   
          
         Senator West sent up Committee Amendment 26 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 11, which had been left  
         pending previously in the hearing.  
          
         Senator West then sent up an amendment to Committee Amendment 11  
         and moved adoption.  The motion failed by a record vote of 4  
         ayes, 4 nays, 0 present not voting, and 1 absent.    
          
         Senator West sent up Committee Amendment 11 and moved adoption.   
         The motion failed by a record vote of 4 ayes, 4 nays, 0 present  
         not voting, and 1 absent.   
          
         At 3:48 p.m. Senator West resumed the chair.   
          
         Senator Ogden sent up Committee Amendment 27. 
          
         At 4:00 p.m. Senator Janek resumed the chair.    
          
         Senator Ogden then moved adoption of Committee Amendment 27, and  
         moved adoption.  The motion carried with a record vote of 5  
         ayes, 2 nays, 0 present not voting, and 2 absent.   
          
         The chair moved that the public testimony be closed; without  
         objection, it was so ordered.   
          
         At 4:10 p.m. Senator West resumed the chair.   
          
         Senator Shapiro requested unanimous consent to roll the  
         amendments into the bill as filed to create a committee  
         substitute; without objection, it was so ordered.  Senator  
         Shapiro then moved that the committee substitute be adopted;  
         without objection, it was so ordered.  Senator Shapiro moved  
         that SB 8 do not pass but that CSSB 8 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, 2 nays, 1  
         present not voting, and 1 absent.   
          
         Senator Zaffirini requested unanimous consent to be shown voting  
         no on CSSB 8 as long as it did not change the outcome of the  
         vote, it was so ordered. 
          
         At 4:13 p.m. Senator Shapiro resumed the chair.   
          
         There being no further business, at 4:15 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