BILL ANALYSIS S.B. 1069 By: Sims State Affairs 4-11-95 Committee Report (Unamended) BACKGROUND On Equal Employment Opportunity approved forms, six classifications are available to identify racial status. Currently, "other" is the only classification which exists for a person who is a child of a mixed racial family. PURPOSE As proposed, S.B. 1069 adds the classification of multiracial to the list of racial and ethnic classifications on all forms requesting racial information to be used by the state. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 2051, Government Code, by adding Subchapter D, as follows: SUBCHAPTER D. REQUESTING RACIAL OR ETHNIC IDENTIFICATION Sec. 2051.101. DEFINITIONS. Defines "multiracial" and "state agency." Sec. 2051.102. MULTIRACIAL CLASSIFICATION REQUIRED. Requires any form, questionnaire, application or other document which is used by a state agency and requests information on racial or ethnic identification to include as one of its choices a multiracial classification. Sec. 2051.103. FEDERAL REQUIREMENTS. Requires the computation of the number of persons classified on forms or other documents as multiracial to be reported by the agency or political subdivision under the multiracial classification if it is required that racial information collected by a state agency be reported to a federal agency. Requires the reporting state agency or political subdivision to reclassify the multiracial population by allocating a percentage of the number of persons composing that population to each federally acceptable racial or ethnic classification at the same percentage that the classification comprises in the general population of the collected group, if the federal agency considers the multiracial classification unacceptable. SECTION 2. Amends Chapter 2, Education Code, by adding Section 2.13, as follows: Sec. 2.13. MULTIRACIAL CLASSIFICATION REQUIRED. (a) Defines "multiracial." (b) Requires any document used by a public school district (district) or state institution of higher education (institution) that requests information on the racial or ethnic identification to include as one of its choices a multiracial classification. (c) Requires the computation of the number of persons classified on forms or other documents as multiracial to be reported by the district or institution under the multiracial classification if it is required that racial information collected by a district or institution be reported to a federal agency. Requires the reporting district or institution to reclassify the multiracial population by allocating a percentage of the number of persons composing that population to each federally acceptable racial or ethnic classification at the same percentage that the classification comprises in the general population of the collected group, if the federal agency considers the multiracial classification unacceptable. SECTION 3. Amends Chapter 52, Labor Code, by adding Subchapter G, as follows: SUBCHAPTER G. REQUESTING RACIAL OR ETHNIC IDENTIFICATION Sec. 52.061. DEFINITION. Defines "multiracial." Sec. 52.062. MULTIRACIAL CLASSIFICATION REQUESTED. Makes conforming changes. Sec. 52.063. CAUSE OF ACTION NOT CREATED. Provides that the failure of a person to comply with this subchapter does not create any civil cause of action. Sec. 52.064. FEDERAL REQUIREMENTS. Requires a person subject to this subchapter to report the information in a manner acceptable to a federal agency if the federal agency considers reporting under the multiracial classification unacceptable. SECTION 4. Effective date: September 1, 1995. Provides that the requirements of this Act apply only to documents used after January 1, 1996, and materials which include the racial classification "other" may be used until the stock is depleted. SECTION 5. Emergency clause.