SRC-JRN C.S.H.B. 2146 75(R)   BILL ANALYSIS


Senate Research Center   C.S.H.B. 2146
By: Maxey (Ellis)
Education
5-18-97
Committee Report (Substituted)


DIGEST 

The Fifth U.S. Circuit Court of Appeals, in its Hopwood v. Texas decision
in 1996, ruled that an affirmative action admissions program at the
University of Texas Law School was unconstitutional. The ruling has been
interpreted by the attorney general as voiding all such programs at public
institutions of higher education in Texas.  The Texas Higher Education
Coordinating Board (board) has collected data on the gender and ethnicity
of students enrolled in Texas colleges and universities since 1993.  This
bill will require the board to study minority participation in public
higher education. 

PURPOSE

As proposed, C.S.H.B. 2146  requires the Texas Higher Education
Coordinating Board to study minority participation in public higher
education. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 61C, Education Code, by adding Section 61.080,
as follows: 

Sec.  61.080.  CONTINUING STUDY OF MINORITY PARTICIPATION IN HIGHER
EDUCATION.  Requires the Texas Higher Education Coordinating Board (board)
to collect data and maintain a database relating to the participation of
members of racial and ethnic minority groups in this state in public
higher education, including data relating to minority applications,
recruitment, admissions, retention, graduation, and professional licensing
at both the undergraduate and graduate levels.  Requires the board to
maintain a continuous study of the data collected and of factors affecting
the data.  Requires the board to work in conjunction with the comptroller
in conducting the study, in order to avoid duplication with any other
study by the office of the comptroller. 

SECTION 2.  Sets forth regulations regarding a study of the effects of
recent actions on minority groups and higher education to be conducted by
the board.  Requires the board to report its activities and the findings
of the study to certain persons not later than December 1, 1998.  Provides
that this section expires January 1, 1999. 

SECTION 3. Emergency clause.
  Effective date: upon passage.

 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 61.080, Education Code, to require the board to work in
conjunction with the comptroller in conducting the study, in order to
avoid duplication with any other study by the office of the comptroller.