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MINUTES

 

SENATE COMMITTEE ON EDUCATION

Thursday, April 26, 2007

7:30 a.m.

Capitol Extension, Room E1.028

 

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Pursuant to a notice posted in accordance with Senate Rule 11.10, a public hearing of the Senate Committee on Education was held on Thursday, April 26, 2007, in the Capitol Extension, Room E1.028, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Florence Shapiro

Senator Kyle Janek

Senator Kip Averitt

Senator Steve Ogden

Senator Dan Patrick

Senator Leticia Van de Putte

Senator Tommy Williams

Senator Judith Zaffirini

 

Senator Royce West

 

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The chair called the meeting to order at 7:35 a.m.  The following business was transacted: 

 

The chair laid out the subcommittee report on SB 1138 and recognized its author, Senator Duncan, to explain the bill.   Senator Averitt sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate 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. 

 

The clerk called the roll, a quorum was established.

 

Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered.  Senator Averitt 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 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 SB 1802 and recognized Senator Williams, in the absence of the author, to explain the bill.  Senator Williams sent up a committee substitute; the chair recognized Senator Williams to explain the difference between the committee substitute and the senate bill as filed.  The chair moved that the public testimony be closed; without objection, it was so ordered.  The chair left SB 1802 pending.

 

The chair laid out HB 1622 and recognized the Senate sponsor, Senator Averitt, 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.  The chair left HB 1622 pending.

 

The chair laid out HB 1505 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Lucio to explain the difference between the committee substitute and the house bill as engrossed.  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.  The chair left HB 1505 pending.

 

The chair laid out the subcommittee report on SCR 47 and recognized the author, Senator Shapleigh, to explain the bill.  The chair left SCR 47 pending.

 

The chair laid out subcommittee report SB 1572 and recognized the author, Senator Shapleigh, to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Shapleigh to explain the difference between the committee substitute and the senate bill as filed.  The chair left SB 1572 pending.

 

At 8:07 a.m. Senator Patrick assumed the chair. 

 

The chair laid out the subcommittee report on SB 365 and recognized Senator Shapiro, in the absence of the author, to explain the bill.  Senator Shapiro sent up Committee Amendment 1.  The chair left SB 365 pending.

 

At 8:08 a.m. Senator Shapiro resumed the chair. 

 

At 8:09 a.m. Senator Shapiro moved that the committee stand recessed subject to the call of the chair; without objection, it was so ordered. 

 

At 4:51 p.m. the committee reconvened. 

 

The clerk called the roll, a quorum was established.

 

Senator Zaffirini moved adoption of the minutes from the previous hearings held on April 19, 2007, and April 23, 2007; without objection, it was so ordered. 

 

As a matter of pending business the chair laid out HB 1505, sponsored by Lucio.  Senator Averitt moved adoption of the committee substitute; without objection, it was so ordered.  Senator Averitt moved that HB 1505 do not pass but that CSHB 1505 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, 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. 

 

As a matter of pending business the chair laid out HB 1622, sponsored by Averitt.  Senator Averitt moved that HB 1622 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business the chair laid out the subcommittee report on HCR 47, by Shapleigh.  Senator Zaffirini moved that the subcommittee report be adopted; there being no objection, it was so ordered.  Senator Zaffirini moved that HCR 47 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business the chair laid out the subcommittee report on SB 365, by Nelson.  Senator Patrick sent up a committee substitute.  Senator Patrick sent up Committee Amendment 1 to the proposed committee substitute and moved adoption; without objection, the amendment was adopted.   Senator Patrick requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Patrick then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Patrick moved that SB 365 do not pass but that CSSB 365 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 Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business the chair laid out the subcommittee report on SB 1572, by Shapleigh.  Senator Janek moved adoption of the committee substitute; without objection, it was so ordered.  Senator Janek moved that SB 1572 do not pass but that CSSB 1572 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 Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business the chair laid out the subcommittee report on SB 1802, by Uresti.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams moved that SB 1802 do not pass but that CSSB 1802 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 Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:01 p.m. Senator Janek assumed the chair. 

 

The chair laid out the subcommittee report on CSSB 101 by Senator Shapiro. 

 

The chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed. 

 

Senator Zaffirini sent up Committee Amendment 1 to the proposed committee substitute.

 

Senator Patrick sent up Committee Amendment 1a to Committee Amendment 1.

 

Senator Patrick moved to withdraw Committee Amendment 1a, there was no objection.

 

At 5:49 p.m. Senator Shapiro moved that the committee stand recessed for 10 minutes ; without objection, it was so ordered.

 

The chair reconvened the meeting at 6:00 p.m.

 

At 6:00 p.m. Senator Janek assumed the chair.

 

Senator Patrick again sent up Committee Amendment 1a to Committee Amendment 1 and moved adoption.  The motion carried with a record vote of 6 ayes, 2 nays, 0 present not voting, and 1 absent. 

 

Senator Zaffirini moved adoption of Committee Amendment 1.  The motion carried with a record vote of 5 ayes, 3 nays, 0 present not voting, and 1 absent. 

 

Senator Shapiro requested unanimous consent to incorporate amendments into the proposed committee substitute; without objection, it was so ordered.  Senator Shapiro then moved that the new committee substitute be adopted, there being objection the clerk called the roll.  The motion carried with a record vote of 6 ayes, 2 nays, 0 present not voting, and 1 absent.  Senator Shapiro moved that SB 101 do not pass but that CSSB 101 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, 3 nays, 0 present not voting, and 1 absent. 

 

There being no further business, at 6:07 p.m. Senator Shapiro moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

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Senator Florence Shapiro, Chair

 

 

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Zac Padgett, Clerk