MINUTES

 

SENATE COMMITTEE ON EDUCATION

Tuesday, April 21, 2009

8:30 a.m.

Capitol Extension, Room E1.028

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Education was held on Tuesday, April 21, 2009, in the Capitol Extension, Room E1.028, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Florence Shapiro Senator Dan Patrick Senator Wendy Davis Senator Mario Gallegos, Jr. Senator Steve Ogden Senator Leticia Van de Putte Senator Royce West Senator Tommy Williams		Senator Kip Averitt

 

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The chair called the meeting to order at 8:34 a.m.  The following business was transacted:

 

The chair laid out SB 568 and recognized the author, Senator Lucio, Jr., to explain the bill.  Senator Ogden sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate bill as filed. 

 

Senator Shapiro moved that the substitute to SB 568 be withdrawn.

 

The chair left the bill pending.

 

The chair laid out SB 2323 and recognized the author, Senator Carona, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Carona 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. 

 

At 8:46 a.m. the roll was called, and a quorum was present.

 

The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 2323 do not pass but that CSSB 2323 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. 

 

As a matter of pending business, the chair laid out SB 568 and recognized the author, Senator Lucio, Jr., to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Lucio, Jr. 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.  Senator Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Gallegos, Jr. moved that SB 568 do not pass but that CSSB 568 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 2178 and recognized the author, Senator Shapleigh, to explain the bill. 

 

At 9:06 a.m. Senator Patrick assumed the chair.    

 

Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

At 9:08 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 Gallegos, Jr. moved that SB 2178, 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 2152 and recognized the author, Senator Patrick, to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Patrick 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 chair left the bill pending.

 

At 9:34 a.m. Senator Patrick assumed the chair.

 

The chair laid out SB 2392 and recognized the author, Senator Shapiro, to explain the bill. 

Senator Ogden sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed.

 

The chair left the bill pending.

 

The chair laid out SB 2430 and recognized the author, Senator Davis, to explain the bill.  Senator Davis sent up a committee substitute; the chair recognized Senator Davis to explain the difference between the committee substitute and the senate bill as filed. 

 

The chair left the bill pending.

 

The chair laid out SB 982 and recognized the author, Senator Van de Putte, to explain the bill. 

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 senate bill as filed. 

 

The chair left the bill pending.

 

At 10:31 a.m. Senator Patrick assumed the chair. 

 

Witnesses testifying and registering on SB 2392, SB 2430, and SB 982 are shown on the attached list. 

 

At 10:54 a.m. Senator Shapiro resumed the chair. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.

 

At 10:54 a.m., Senator Shapiro moved that the committee stand recessed until 30 minutes after the adjournment of the Senate; without objection, it was so ordered.     

 

Senator Shapiro reconvened the meeting at 3:10 p.m.

 

The chair laid out SB 2206 and recognized the author, Senator Van de Putte, to explain the bill. 

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 senate bill as filed.  Senator Van de Putte sent up Committee Amendment 1.  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 the bill pending.

 

At 3:24 p.m. Senator Davis assumed the chair. 

 

The chair laid out SB 548 and recognized Senator Shapiro, in the absence of the author, 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 senate bill as filed.  Senator Shapiro moved adoption of the committee substitute; without 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.

 

The chair left the bill pending.

 

The chair laid out SB 2270 and recognized the author, Senator Gallegos, Jr., to explain the bill. 

Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Gallegos, Jr. 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 chair left the bill pending.

 

At 4:06 p.m. Senator Gallegos, Jr. assumed the chair. 

 

As a matter of pending business, the chair re-opened public testimony on SB 982, SB 2392, and SB 2430.  Witnesses testifying and registering on the bills are shown on the attached list. 

 

At 4:47 p.m. Senator Shapiro resumed the chair. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.

 

The chair left the bills pending.

 

At 5:04 p.m. Senator Patrick assumed the chair. 

 

As a matter of pending  business the chair laid out SB 3 and recognized the author, Senator Shapiro, to explain the bill. 

 

Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.

 

Senator Shapiro sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.   

 

Senator Shapiro sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. 

 

Senator Shapiro sent up Committee Amendment 4.  The chair moved that the amendment be amended.  The chair moved that Amendment 4 be adopted as amended without objection, the amendment was adopted as amended.

 

Senator West sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. 

 

Senator West sent up Committee Amendment 6.  The chair moved that the amendment be amended.  Senator West moved that Amendment 6 be adopted as amended without objection, the amendment was adopted as amended. 

 

Senator West sent up Committee Amendment 7.  Senator West moved to withdraw Amendment 7; without objection, it was so ordered.

 

Senator West sent up Committee Amendment 8 and moved adoption; without objection, the amendment was adopted. 

 

Senator Davis sent up Committee Amendment 9. 

Senator West moved to withdraw Amendment 6; without objection, it was so ordered.

The chair moved that Amendment 9 be amended; without objection, it was so ordered. 

The chair moved that Amendment 9 be adopted as amended without objection, the amendment was adopted as amended.

 

Senator Davis sent up Committee Amendment 10 and moved adoption; without objection, the amendment was adopted. 

 

Senator Shapiro requested unanimous consent to roll the amendments into 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 Ogden moved to reconsider the vote to adopt the Committee Substitute to SB 3 as amended.

 

Senator Ogden sent up Committee Amendment 11 and moved adoption; without objection, the amendment was adopted.

 

Senator Shapiro requested unanimous consent to roll the amendments into 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 3 do not pass but that CSSB 3 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 7:03 p.m. Senator Shapiro resumed the chair.   

 

As a matter of pending business, the chair laid out SB 2206 and recognized Senator Van de Putte to explain the amendment previously sent up and moved adoption; without objection, the amendment was adopted.  Senator Van de Putte moved adoption of the committee substitute previously sent up; without objection, it was so ordered.  Senator Van de Putte requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Van de Putte then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Gallegos, Jr. moved that SB 2206 do not pass but that CSSB 2206 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. 

 

As a matter of pending business, the chair laid out SB 2270 by Senator Gallegos, Jr.  Senator Senator Gallegos, Jr. moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Ogden moved that SB 2270 do not pass but that CSSB 2270 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 Ogden 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 SB 1830 and recognized the author, Senator Patrick, to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered.  Senator Ogden moved that SB 1830 do not pass but that CSSB 1830 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, 1 nay, 0 present not voting, and 1 absent.   

 

As a matter of pending business, the chair laid out SB 382 and recognized the author, Senator Van de Putte, to explain the bill.  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 senate bill as filed.  Senator Van de Putte moved adoption of the committee substitute; without objection, it was so ordered.  Senator Shapiro moved to withdraw the old substitute.  Senator West moved that SB 382 do not pass but that CSSB 382 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 West requested unanimous consent to be shown voting aye on SB 568, SB 2178, SB 2323; there being no objection, it was so ordered.

 

As a matter of pending business, the chair re-opened public testimony on SB 982, SB 2392, and SB 2430.  Witnesses testifying and registering on the bills are shown on the attached list.

 

The chair moved that the public testimony be closed; without objection, it was so ordered.

The chair left the bills pending.

 

Senator Davis requested unanimous consent to be shown voting aye on SB 568; there being no objection, it was so ordered.

 

Senator Van de Putte requested unanimous consent to be shown voting aye on SB 3; there being no objection, it was so ordered.

 

Senator Williams requested unanimous consent to be shown voting aye on SB 3, SB 382, SB 2206, and SB 2270; there being no objection, it was so ordered.

 

There being no further business, at 8:35 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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Holly Mabry, Clerk