MMA H.B. 858 75(R)BILL ANALYSIS HIGHER EDUCATION H.B. 858 By: Goolsby 3-29-97 Committee Report (Substituted) BACKGROUND Currently, there are only two public universities in Texas, Texas Southern University and University of Houston-Downtown, with an open enrollment policy. Open enrollment in all universities would provide greater accessibility to higher education. PURPOSE C.S.H.B. 858 would provide open enrollment for a portion of people admitted as undergraduates at certain public institutions of higher education. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Chapter 51, Education Code, by adding Subchapter S to read as follows: SUBCHAPTER S. ADMISSIONS Sec. 51.761. DEFINITIONS. Applies to this Subchapter the definitions in Section 61.003, Education Code. Sec. 51.762. OPEN ENROLLMENT FOR UNDERGRADUATES. (a) Requires each institution to admit a portion of undergraduate students each year through open enrollment as described in this section. (b) Mandates the portion of admitted students to be determined as follows: (1) An institution with the total enrollment for the preceding year of 30,000 or more will have 1% admitted through open enrollment. (2) An institution with the total enrollment for the preceding year of 10,000 or more, but less than 30,000, will have 2% admitted through open enrollment. (3) An institution with the total enrollment for the preceding year of less than 10,000 will have 2% admitted through open enrollment. (c) Mandates the institution to admit through open enrollment each applicant who has earned a high school diploma or equivalent and who is not admitted under another category or process. If the number of applicants previously described exceeds the number of available spaces for admission, the institution shall select them by lot. Also, allows the institution to require a student admitted under this subsection to enter the institution during the summer term. SECTION 2. Effective date: September 1, 1997 for admissions for 1998-1999 academic year. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 858 expands Subsection (c) from the original bill, to state that a student admitted through open enrollment must have earned a high school diploma or equivalent and is not admitted to the institution under another category or process. Additionally, allows the institution to select the students by lot if the numbers exceed the available spaces and to require the student to begin classes in the summer term. H.B. 858 contains a provision [Subsection (d)] that relates to actions taken if the number of undergraduates admitted through open enrollment in an academic year is less than the required percentage. The institution would be required to admit the difference of the preceding year in addition to the numbers required for the current year. This provision is not included in the C.S.H.B. 858.