MINUTES
SENATE COMMITTEE ON EDUCATION
Thursday, May 19, 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 Thursday, May 19, 2005, in the Capitol Extension, Room
E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Florence Shapiro Senator Kip Averitt
Senator Royce West Senator Steve Ogden
Senator Kyle Janek Senator Todd Staples
Senator Leticia Van de Putte
Senator Tommy Williams
Senator Judith Zaffirini
*****
The chair called the meeting to order at 8:57 a.m. The
following business was transacted:
The posting rule, Senate Rule 11.18, was suspended to hear the
following bill(s): HB 2221 &
HB 3468
The chair advised that HB 2330 had been tagged pursuant to
Senate Rule 11.19 and would not be heard.
The chair laid out HB 1791 and recognized Senator Barrientos, 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. Senator Shapiro moved that HB 1791 be left pending to
await a quorum; without objection, it was so ordered.
The chair laid out HB 1102 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. Senator Shapiro moved that
HB 1102 be left pending to await a quorum; without objection, it
was so ordered.
The chair laid out HB 2808 and recognized the Senate sponsor,
Senator West, 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. Senator West moved that HB 2808
be left pending until a committee substitute could be drafted;
without objection, it was so ordered.
The chair laid out HB 3297 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, to explain the bill. Senator
Shapiro moved that HB 3297 be left pending to await a quorum;
without objection, it was so ordered.
The chair laid out HB 3563 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, to explain the bill. Senator
West sent up and explained Committee Amendment 1. Senator
Shapiro moved that HB 3563 be left pending to await a quorum;
without objection, it was so ordered.
At 9:18 a.m. Senator West assumed the chair.
The chair laid out HB 4 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
bill as filed. Witnesses testifying and registering on the bill
are shown on the attached list.
At 9:45 a.m. Senator Van de Putte assumed the chair.
The chair moved that the public testimony be closed on HB 4;
without objection, it was so ordered. Senator Van de Putte
moved that HB 4 be left pending to await a quorum; without
objection, it was so ordered.
The chair laid out HB 2109 and recognized the Senate sponsor,
Senator Shapiro, 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. Senator Van de Putte moved that
HB 2109 be left pending to await a quorum; without objection, it
was so ordered.
The chair laid out HB 2162 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. Senator Van de Putte
moved that HB 2162 be left pending to await a quorum; without
objection, it was so ordered.
At 10:07 a.m. Senator Shapiro resumed the chair.
The chair laid out HB 295 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. Senator Shapiro
moved that HB 295 be left pending to await a quorum; without
objection, it was so ordered.
The chair laid out HB 3468 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. Senator Shapiro moved that HB
3468 be left pending to await a quorum; without objection, it
was so ordered.
The chair laid out HB 2808 once again and recognized the Senate
sponsor, 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. Senator Shapiro moved that HB 2808 be left
pending to await a quorum; without objection, it was so ordered.
The chair laid out HB 3012 and recognized Senator Van de Putte,
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. Senator Shapiro
moved that HB 3012 be left pending to await a quorum; without
objection, it was so ordered.
The chair laid out HB 283 and recognized Senator Van de Putte,
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. Senator Shapiro
moved that HB 283 be left pending to await a quorum; without
objection, it was so ordered.
At 10:40 a.m. Senator Shapiro moved that the committee stand in
recess; without objection, it was so ordered.
At 10:45 a.m. the committee reconvened.
Senator Shapiro announced that the committee would reconvene
upon adjournment of the Senate.
At 2:00 p.m. the committee reconvened.
The chair laid out HB 2221 and recognized the Senate sponsor,
Senator West, 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.
There being a quorum present at 2:08 p.m., the clerk called the
roll.
Senator West moved that HB 2221 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 5 ayes, 1 nay, 0
present not voting, and 3 absent.
Senator Shapiro previously sent up a committee substitute to HB
4. Senator Shapiro moved adoption of the committee substitute;
without objection, it was so ordered. Senator Shapiro moved
that HB 4 do not pass but that CSHB 4 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 Shapiro moved that HB 2109 be reported favorably 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 Shapiro moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Shapiro moved that HB 2162 be reported favorably 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 Shapiro moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Zaffirini moved that HB 283 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 5 ayes, 1 nay, 0
present not voting, and 3 absent.
Senator West moved that HB 295 be reported favorably 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 Van de Putte moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Van de Putte moved that HB 1102 be reported favorably 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 Van de Putte
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator West moved that HB 1791 be reported favorably 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.
Senator Janek moved that HB 3012 be reported favorably 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 Janek moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Williams moved that HB 3297 be reported favorably 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 Williams moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Van de Putte moved that HB 3468 be reported favorably 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 Van de Putte
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator West sent up Committee Amendment 1 to HB 3563 and moved
adoption; without objection, the amendment was adopted. Senator
West moved that HB 3563, 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 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.
Senator Janek moved that HB 603 be reported favorably 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 Janek moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator West sent up a committee substitute to HB 2808; the
chair recognized Senator West 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.
At 2:23 p.m. Senator West assumed the chair.
Senator Shapiro sent up Committee Amendment 1 to HB 2808 and
moved adoption; without objection, the amendment was adopted.
At 2:24 p.m. Senator Shapiro resumed the chair.
The chair requested unanimous consent to roll the amendment into
the committee substitute on HB 2808; without objection, it was
so ordered. Senator West then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator West moved that HB 2808 do not pass but that CSHB 2808
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.
The subcommittee report on SB 934 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that SB 934 do not pass but that CSSB 934 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.
The subcommittee report on HB 381 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that HB 381 be reported favorably 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.
The subcommittee report on HB 495 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that HB 495 do not pass but that CSHB 495 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.
The subcommittee report on HB 868 was laid out by the chair.
Senator Williams then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator Williams
moved that HB 868 be reported favorably 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 Williams moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The subcommittee report on HB 994 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that HB 994 be reported favorably 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.
The subcommittee report on HB 1063 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that HB 1063 be reported favorably 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.
The subcommittee report on HB 1215 was laid out by the chair.
Senator Janek then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator Janek
moved that HB 1215 be reported favorably 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 Janek moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The subcommittee report on HB 1274 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that HB 1274, 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 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.
The subcommittee report on HB 1409 was laid out by the chair.
Senator Williams then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator Williams
moved that HB 1409 be reported favorably 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 Williams moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The subcommittee report on HB 1737 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 HB 1737, 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 6 ayes, 0
nay, 0 present not voting, and 3 absent. Senator Van de Putte
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The subcommittee report on HB 2333 was laid out by the chair.
Senator West then moved adoption of the subcommittee report;
there being no objection, it was so ordered. Senator West moved
that HB 2333 be reported favorably 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.
The subcommittee report on HB 2441 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 HB 2441 be reported favorably 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.
Senator West moved adoption of the minutes from the previous
hearing held on May 17, 2005; without objection, it was so
ordered.
Senator Zaffirini requested to be shown voting aye on all bills
that were voted on that Senator Van de Putte voted aye on; there
being no objection, it was so ordered.
The chair laid out HB 316. 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. Senator West moved adoption of the committee substitute;
without objection, it was so ordered.
At 2:40 p.m. Senator West assumed the chair.
Senator Shapiro sent up Committee Amendment 1 on HB 316 and
moved adoption; without objection, the amendment was adopted.
At 2:41 p.m. Senator Shapiro resumed the chair.
Senator West sent up Committee Amendment 2 on HB 316 and moved
adoption; without objection, the amendment was adopted. Senator
Shapiro requested unanimous consent to incorporate amendments
into the committee substitute; without objection, it was so
ordered. Senator West sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
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
requested unanimous consent to incorporate amendments into the
committee substitute; without objection, it was so ordered.
Senator West then moved that the new committee substitute be
adopted; without objection, it was so ordered. Senator West
moved that HB 316 do not pass but that CSHB 316 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.
There being no further business, at 2:47 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