HBA-DMD H.B. 198 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 198
By: Burnam
Higher Education
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

In 1996, more than 48 percent of Texas high school students were African
American or Hispanic, but these groups comprised only 34 percent of Texas
undergraduates and 21 percent of university degrees.  The Hopwood decision
handed down by the 5th U.S. Circuit Court of Appeals in 1996 affirmed the
lower court decision that race cannot be considered in graduate school
admissions.  A relationship to alumni or university donors may still be
considered, however, which raises class and race issues related to
providing access to higher education. H.B. 198 prohibits Texas institutions
of higher education from considering an applicant's relationship to alumni
or university donors.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate  any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.9246, as follows: 

Sec. 51.9246.  CONSIDERATION OF CERTAIN MATTERS IN ADMISSIONS. (a)
Prohibits an institution of higher education, when considering an applicant
for admission to the institution, including a graduate or professional
school, from considering an applicant's relationship by consanguinity or
affinity to a current or former student or whether the applicant or anyone
related to the applicant by consanguinity or affinity has made a donation
to the institution. 

(b) Requires each institution of higher education to adopt and implement
policies informing persons acting on its behalf of the requirements in this
section.   

(c) Provides that the term "institution of higher education" has the
meaning assigned by Section 61.003, Education Code, referring to any public
technical institute, public junior college, public senior college or
university, medical or dental unit, or other agency of higher education. 

SECTION 2.  Effective date:  September 1, 1999.  
           Applies to admissions for academic years beginning with the
academic year that                 begins in the fall 2000 semester. 

SECTION 3.  Emergency clause.