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.