MINUTES

 

SENATE COMMITTEE ON EDUCATION

Thursday, May 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 Thursday, May 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 Kip Averitt

Senator Wendy Davis

Senator Mario Gallegos, Jr.

Senator Leticia Van de Putte

Senator Royce West

Senator Tommy Williams

 

Senator Steve Ogden

 

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The Senate Committee on Education moved to suspend the 24 hour posting rule pursuant to rules 11.10 and 11.18 during the Senate session on 5/21/09, to take up and consider HB 1375 and HB 2280; without objection, it was so ordered.

 

The chair called the meeting to order at 8:35 a.m.  The following business was transacted:

 

The chair laid out HB 4435 and recognized the Senate sponsor, Senator Huffman, to explain the bill.  Senator Patrick sent up a committee substitute; the chair recognized Senator Huffman 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 the bill pending.

 

The chair laid out HB 136 and recognized the Senate sponsor, 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 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 the bill pending.

 

The chair laid out HB 4407 and recognized the Senate sponsor, Senator Jackson, 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 the bill pending.

 

The chair laid out HB 1470 and recognized the Senate sponsor, Senator Van de Putte, 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 the bill pending.

 

The chair laid out HB 200 and recognized the Senate sponsor, Senator Seliger, to explain the bill.  Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 9:03 a.m. Senator Patrick assumed the chair. 

 

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

 

The chair left the bill pending.

 

At 9:09 a.m. Senator Van de Putte assumed the chair.   

 

The chair laid out HB 3220 and recognized the Senate sponsor, Senator Patrick, 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 the bill pending.

 

At 9:12 a.m. Senator Patrick assumed the chair.   

 

The chair laid out HB 1322 and recognized the Senate sponsor, Senator Watson, to explain the bill. 

 

At 9:15 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.

 

The chair left the bill pending.

             

The chair laid out HB 2703 and recognized Senator Davis, 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.

 

The chair left the bill pending.

 

At 9:28 a.m. Senator Van de Putte assumed the chair. 

 

The chair laid out HB 3646 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 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 the bill pending.

 

At 11:00 a.m. Senator Shapiro resumed the chair. 

 

At 11:00 a.m. Senator Shapiro moved that the committee stand recessed until 30 minutes upon adjournment of the Senate; without objection, it was so ordered.

 

At 3:48 p.m. the committee reconvened.

 

As a matter of pending business, the chair laid out HB 130 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill.  Senator Davis sent up a committee substitute; the chair recognized Senator Zaffirini 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 the bill pending.

 

At 3:56 p.m. Senator Davis assumed the chair. 

 

As a matter of pending business, the chair brought back up HB 3646. Testimony on HB 3646 continued.  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 4:16 p.m. Senator Shapiro resumed the chair.   

 

The chair laid out HB 1375 and recognized Senator Davis, in the absence of the Senate sponsor, to explain the bill.  Senator Davis 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.

 

The chair laid out HB 2280 and recognized Senator Davis, 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.

 

The chair left the bill pending.

 

At 4:38 p.m. Senator Shapiro moved that the committee stand recessed until 5:30 p.m.; without objection, it was so ordered.

 

At 5:38 p.m. the committee reconvened.

 

The clerk called the roll and a quorum was established.

 

As a matter of pending business, the chair laid out HB 130 and the substitute previously sent up.  Senator Davis moved adoption of the committee substitute; without objection, it was so ordered. 

Senator Davis moved that HB 130 do not pass but that CSHB 130 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.    

 

As a matter of pending business, the chair laid out HB 281 and recognized Senator West to withdraw the substitute previously sent up.  Senator West sent up a new committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the house bill as engrossed.  Senator West moved adoption of the committee substitute; without objection, it was so ordered.  Senator West moved that HB 281 do not pass but that CSHB 281 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 West 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 136 and the substitute previously sent up.  Senator Van de Putte moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that HB 136 do not pass but that CSHB 136 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 Van de Putte 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 200.  Senator Patrick moved that HB 200 be reported favorably 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 Davis 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 1322.  Senator West moved that HB 1322 be reported favorably 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 West 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 1375 and public testimony continued.  Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that Committee Amendment 1 be withdrawn.  Senator Davis sent up a committee substitute.  Senator Davis moved adoption of the committee substitute; without objection, it was so ordered. 

 

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

 

Senator Williams moved that HB 1375 do not pass but that CSHB 1375 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.    

 

As a matter of pending business, the chair laid out HB 1470.  Senator Van de Putte moved that HB 1470 be reported favorably 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 Van de Putte 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 2703.  Senator Averitt moved that HB 2703 be reported favorably 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 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 3220.  Senator Averitt moved that HB 3220 be reported favorably 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

At 5:55 p.m. Senator West assumed the chair. 

 

As a matter of pending business, the chair laid out HB 3646 and the substitute previously sent up.  Senator Shapiro moved adoption of the committee substitute; without objection, it was so ordered.  Senator Shapiro moved that HB 3646 do not pass but that CSHB 3646 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 5:58 p.m. Senator Shapiro resumed the chair.     

 

As a matter of pending business, the chair laid out HB 4407.  Senator Averitt moved that HB 4407 be reported favorably 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 HB 4435.  Senator West sent up a committee substitute.  Senator West moved adoption of the committee substitute; without objection, it was so ordered.  Senator West moved that HB 4435 do not pass but that CSHB 4435 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

Senator Gallegos, Jr. requested unanimous consent to be shown voting aye on HB 130, HB 136, HB 200, HB 281,  HB 1322, HB 1375, HB 1470, HB 2703, HB 3220, HB 3646, HB 4407, and HB 4435; there being no objection, it was so ordered.

 

Senator Patrick requested unanimous consent to be shown voting aye on HB 1470, HB 2703, HB 3220, HB 3646, HB 4407, and HB 4435; there being no objection, it was so ordered.

 

There being no further business, at 6:02 p.m. Senator Shapiro moved that the Committee be adjourned. Without objection, it was so ordered. 

 

 

 

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Senator Florence Shapiro, Chair

 

 

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Holly Mabry, Clerk