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.