MINUTES
SENATE COMMITTEE ON EDUCATION
Thursday, August 4, 2005
10:00 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, August 4, 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
MEMBERS PRESENT (Not on the Committee):
Senator Robert Duncan
Senator Rodney Ellis
Senator Mario Gallegos
Senator Eddie Lucio, Jr.
Senator Kel Seliger
Senator Eliot Shapleigh
Senator John Whitmire
*****
The chair called the meeting to order at 10:11 a.m. There being
a quorum present, the following business was transacted:
At 10:13 a.m. Senator West assumed the chair.
The chair laid out SB 8 by Senator Shapiro.
At 10:14 a.m. Senator Zaffirini assumed the chair.
Senator West sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
At 10:17 a.m. Senator West assumed the chair.
Senator Shapiro sent up Committee Amendment 2 and moved
adoption. The motion carried with a record vote of 5 ayes, 4
nays, 0 present not voting, and 0 absent.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Zaffirini sent up Committee Amendment 3 and moved
adoption. The motion failed by a record vote of 3 ayes, 5 nays,
0 present not voting, and 1 absent.
Senator Zaffirini sent up Committee Amendment 4. Committee
Amendment 4 was withdrawn by the author.
Senator Zaffirini sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted.
Senator Zaffirini sent up Committee Amendment 6 and moved
adoption. The motion failed by a record vote of 1 aye, 5 nays,
0 present not voting, and 3 absent.
Senator Zaffirini sent up Committee Amendment 7 and moved
adoption. The motion failed by a record vote of 3 ayes, 3 nays,
0 present not voting, and 3 absent.
Senator Zaffirini sent up Committee Amendment 8 and moved
adoption; without objection, the amendment was adopted.
Senator Zaffirini sent up Committee Amendment 9 and moved
adoption; without objection, the amendment was adopted.
Senator Zaffirini sent up Committee Amendment 10. Senator
Rodney Ellis was recognized to explain Committee Amendment 10 in
detail. Committee Amendment 10 was withdrawn by the author.
At 11:58 a.m. Senator Janek assumed the chair.
Senator West sent up Committee Amendment 11. Committee
Amendment 11 was left pending.
At 12:25 p.m. Senator West resumed the chair.
Senator Shapiro sent up Committee Amendment 12 and moved
adoption; without objection, the amendment was adopted.
Witness (shown on the attached list) testified before the
Committee on Committee Amendment 2.
Senator Shapiro sent up Committee Amendment 13 and moved
adoption; without objection, the amendment was adopted.
Senator Staples sent up Committee Amendment 14 and moved
adoption; without objection, the amendment was adopted.
Senator Averitt sent up Committee Amendment 15 and moved
adoption; without objection, the amendment was adopted.
Senator Averitt sent up Committee Amendment 16 and moved
adoption; without objection, the amendment was adopted.
Senator Van de Putte sent up Committee Amendment 17.
At 12:40 p.m. Senator Janek resumed the chair.
Committee Amendment 17 was left pending.
At 1:00 p.m. Senator Shapiro resumed the chair.
At 1:00 p.m. Senator Shapiro moved that the committee stand
recessed until 30 minutes after adjournment of the Senate;
without objection, it was so ordered.
At 2:54 p.m. the committee reconvened. Senator Shapiro in
chair.
At 2:56 p.m. Senator Ogden assumed the chair.
Senator Van de Putte sent up Committee Amendment 17, which was
left pending from earlier in the hearing. Committee Amendment
17 was then withdrawn by the author.
Senator Van de Putte sent up Committee Amendment 17(a).
Committee Amendment 17(a) was left pending a quorum.
Senator Van de Putte sent up Committee Amendment 18. Committee
Amendment 18 was withdrawn by the author.
Senator Van de Putte sent up Committee Amendment 17(a), which
was previously left pending a quorum, and moved adoption;
without objection, the amendment was adopted.
Senator Van de Putte sent up Committee Amendment 19 and moved
adoption; without objection, the amendment was adopted.
At 3:01 p.m. Senator West resumed the chair.
Senator Van de Putte sent up Committee Amendment 20. Committee
Amendment 20 was withdrawn by the author.
Senator Janek sent up Committee Amendment 21 and moved adoption;
without objection, the amendment was adopted.
Senator Janek sent up Committee Amendment 22 and moved adoption;
the amendment was adopted. Senator Zaffirini requested to be
shown voting no on Committee Amendment 22.
Senator Staples sent up Committee Amendment 23 and moved
adoption; without objection, the amendment was adopted.
Senator Janek sent up Committee Amendment 24 and moved adoption;
without objection, the amendment was adopted.
Senator Shapiro sent up Committee Amendment 25 and moved
adoption; without objection, the amendment was adopted.
At 3:38 p.m. Senator Ogden assumed the chair.
Senator West sent up Committee Amendment 26 and moved adoption.
The motion failed by a record vote of 3 ayes, 5 nays, 0 present
not voting, and 1 absent.
Senator West sent up Committee Amendment 11, which had been left
pending previously in the hearing.
Senator West then sent up an amendment to Committee Amendment 11
and moved adoption. The motion failed by a record vote of 4
ayes, 4 nays, 0 present not voting, and 1 absent.
Senator West sent up Committee Amendment 11 and moved adoption.
The motion failed by a record vote of 4 ayes, 4 nays, 0 present
not voting, and 1 absent.
At 3:48 p.m. Senator West resumed the chair.
Senator Ogden sent up Committee Amendment 27.
At 4:00 p.m. Senator Janek resumed the chair.
Senator Ogden then moved adoption of Committee Amendment 27, and
moved adoption. The motion carried with a record vote of 5
ayes, 2 nays, 0 present not voting, and 2 absent.
The chair moved that the public testimony be closed; without
objection, it was so ordered.
At 4:10 p.m. Senator West resumed the chair.
Senator Shapiro requested unanimous consent to roll the
amendments into the bill as filed to create 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 8 do not pass but that CSSB 8 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, 2 nays, 1
present not voting, and 1 absent.
Senator Zaffirini requested unanimous consent to be shown voting
no on CSSB 8 as long as it did not change the outcome of the
vote, it was so ordered.
At 4:13 p.m. Senator Shapiro resumed the chair.
There being no further business, at 4:15 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