MINUTES
SENATE COMMITTEE ON EDUCATION
Tuesday, March 15, 2005
8:30 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 Tuesday, March 15, 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
*****
The chair called the meeting to order at 8:35 a.m. The
following business was transacted:
The chair laid out SB 658 and recognized the author, Senator
Madla, to explain the bill. Senator Zaffirini sent up a
committee substitute; the chair recognized Senator Madla to
explain the difference between the committee substitute and the
bill as filed.
There being a quorum present at 8:44 a.m., the clerk called the
roll.
The chair resumed discussion on SB 658. Senator Zaffirini 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.
Senator Zaffirini moved that SB 658 do not pass but that CSSB
658 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.
The chair laid out SB 274 and recognized the author, Senator
Barrientos, to explain the bill. Senator West sent up a
committee substitute; the chair recognized Senator Barrientos to
explain the difference between the committee substitute and the
bill as filed. Senator West 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. Senator West moved that
SB 274 do not pass but that CSSB 274 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.
The chair laid out SB 126 and recognized the author, Senator
Lindsay, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
At 10:06 a.m. Senator West assumed the chair.
At 10:11 a.m. Senator Shapiro resumed the chair.
At 10:17 a.m. Senator West assumed the chair.
At 10:27 a.m. Senator Shapiro resumed the chair.
The chair moved that the public testimony be closed on SB 126;
without objection, it was so ordered. Senator Shapiro moved
that SB 126 be left pending; without objection, it was so
ordered.
The chair laid out SB 253 and recognized the author, Senator
West, to explain the bill. Senator West sent up a committee
substitute; the chair recognized Senator West 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.
Senator Shapiro moved that SB 253 be left pending to await a
quorum; without objection, it was so ordered.
At 10:58 a.m. Senator Shapiro moved that the committee stand
recessed until 30 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 12:20 p.m. the committee reconvened.
The chair laid out SB 23 and recognized the author, Senator
Zaffirini, to explain the bill. Senator Zaffirini sent up a
committee substitute; the chair recognized Senator Zaffirini to
explain the difference between the committee substitute and the
bill as filed. The chair 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. Senator Shapiro moved
that SB 23 be left pending to await a quorum; without objection,
it was so ordered.
At 12:38 p.m. Senator Shapiro moved that the committee stand
recessed; without objection, it was so ordered.
At 12:48 p.m. the committee reconvened.
The chair laid out SB 61 and recognized the author, Senator
West, to explain the bill. Senator West sent up Committee
Amendment 1. Senator West sent up Committee Amendment 2.
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 Shapiro
moved that SB 61 be left pending a quorum; without objection, it
was so ordered.
At 1:03 p.m. Senator Shapiro moved that the committee stand
recessed until 1:30 p.m; without objection, it was so ordered.
At 1:35 p.m. the committee reconvened.
The chair laid out SB 387, pending business in the Committee,
and recognized the author, Senator Wentworth, to explain the
bill. At a previous hearing from March 1, 2005, the committee
substitute was sent up; the chair recognized Senator Wentworth
to explain the difference again between the committee substitute
and the bill as filed. Senator West moved adoption of the
committee substitute; without objection, it was so ordered.
Senator West moved that SB 387 do not pass but that CSSB 387 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 West
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Upon arrival of a quorum, the chair laid out SB 61 and
recognized the author, Senator West. Committee Amendment 1 and
Committee Amendment 2 were sent up and discussed. Senator West
moved that Committee Amendment 1 and Committee Amendment 2 be
adopted; without objection, it was so ordered. Senator West
requested unanimous consent to roll the amendments into the body
of the bill; without objection, it was so ordered. Senator West
sent up the new committee substitute. Senator West then moved
that the new committee substitute be adopted; without objection,
it was so ordered. Senator Shapiro moved that SB 61 be left
pending; without objection, it was so ordered.
Upon arrival of a quorum, Senator West moved adoption of the
committee substitute to SB 253; without objection, it was so
ordered. Senator West moved that SB 253 do not pass but that
CSSB 253 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.
At 1:43 p.m. Senator West assumed the chair.
The chair laid out SB 482 pending business in the Committee and
recognized the author, Senator Shapiro, to explain the bill.
Senator Shapiro moved to reconsider the motion by which the
previous committee substitute was adopted in Committee on March
1, 2005; without objection it was so ordered. Senator Shapiro
then sent up a new committee substitute; the chair recognized
Senator Shapiro to explain the difference between the new
committee substitute and previously adopted committee substitute
that was withdrawn. Senator Shapiro moved adoption of the new
committee substitute; without objection, it was so ordered.
Senator Shapiro moved that SB 482 do not pass but that CSSB 482
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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 1:46 p.m. Senator Shapiro resumed the chair.
Senator Shapiro moved that the subcommittee report on SB 32 by
Senator Zaffirini be left pending; without objection, it was so
ordered.
The subcommittee report on SB 34 by Senator Zaffirini was laid
out by the chair. Senator Van de Putte then moved adoption of
the subcommittee report; there being no objection, it was so
ordered. Senator Van de Putte moved that SB 34 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.
At 1:53 p.m. Senator West assumed the chair.
The subcommittee report on SB 254 was laid out by Senator West.
Senator Shapiro was recognized to explain the subcommittee
report on SB 254. Senator Shapiro then moved adoption of the
subcommittee report; there being no objection, it was so
ordered. Senator Shapiro moved that SB 254 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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 1:54 p.m. Senator Shapiro resumed the chair.
The subcommittee report on SB 276 by Senator Staples was laid
out by the chair. Senator West moved adoption of the
subcommittee report; there being no objection, it was so
ordered. Senator West moved that SB 276 do not pass but that
CSSB 276 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.
The subcommittee report on SB 502 by Senator West was laid out
by the chair. The chair moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 502 do not pass but that CSSB 502 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.
The subcommittee report on SB 531 by Senator West was laid out
by the chair. Senator West moved adoption of the subcommittee
report; there being no objection, it was so ordered. Senator
West moved that SB 531 do not pass but that CSSB 531 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.
Upon arrival of a quorum, Senator West moved that SB 23 do not
pass but that CSSB 23 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.
The chair announced that Senator Staples requested unanimous
consent to be shown voting aye on the following bills: SB 658,
SB 253, & SB 23. The chair announced that Senator Williams
requested unanimous consent to be shown voting aye on the
following bills: SB 658 & SB 274.
Senator Williams moved adoption of the minutes from the previous
hearing held on March 8, 2005; without objection, it was so
ordered.
The chair announced that Senator Zaffirini requested unanimous
consent to be shown voting aye on the following bills: SB 253,
SB 23, SB 482, SB 34, SB 254, SB 276, SB 502, & SB 531. The
chair announced that Senator Janek requested unanimous consent
to be shown voting aye on the following bills: SB 658, SB 274,
SB 253, SB 34, SB 276, SB 274, SB 387, SB 254, SB 482.
There being no further business, at 2:06 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