SRC-MAX S.B. 851 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 851
By: Ellis
State Affairs
3-27-97
As Filed


DIGEST 

Currently, "other" is the only classification which exists for a person
who is a child of a mixed racial family.  As proposed, S.B. 851 sets forth
the provisions for including a multiracial classification on all forms
requesting information on racial identification by the state and for
reporting racial information to federal agencies. 

PURPOSE

As proposed, S.B. 851 sets forth the provisions for including a
multiracial classification on all forms requesting information on racial
identification by the state and for reporting racial information to
federal agencies. 

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 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 a
multiracial classification choice to be included among all documents or
materials produced by, for, or used by any state agency or political
subdivision that requests information on the racial or ethnic
identification of a person and that contains a list of racial and ethnic
classifications. 

Sec.  2051.103.  FEDERAL REQUIREMENTS.  Requires a 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 under certain circumstances. 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 composes in the general
population of the collected group. 

SECTION 2. Amends Chapter 1, Education Code, by adding Section 1.004, as
follows: 

Sec.  1.004.  MULTIRACIAL CLASSIFICATION REQUIRED.  Defines "multiracial."
Requires certain documents or materials produced by or for or used by any
public school district or state institution of higher education that
requests information on the racial or ethnic identification of a person
and that contains a list of racial and ethnic identification of a person
and that contains a list of racial and ethnic classifications from which a
person must select to include a multiracial classification among the
choices.  Requires the computation of the number of persons classified on
forms or other documents as multiracial to be reported by the public
school district or state institution of higher education under the
multiracial classification.  Requires the reporting public school district
or state institution of higher  learning to reclassify the multiracial
population under certain conditions. 

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.  Provides that
documents or materials produced by or for or used by any person employing
labor in this state that requests information on the racial or ethnic
identification of an employee and that contains a list of racial and
ethnic classification from which the employee must select one should
include among the choices a multiracial classification. 

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 the person subject to this
subchapter to report the information in the manner acceptable to the
federal agency whenever it is required that the racial information
collected by a person subject to this subchapter be reported to a federal
agency and the federal agency considers reporting under the multiracial
classification unacceptable.   

SECTION 4. Effective date:  September 1, 1997.   Makes application of this
Act prospective to January 1, 1998.  Authorizes all documents and
materials printed and in stock on January 1, 1998 that do not include a
multiracial classification to be used after that date and the stock
depleted before documents and materials that comply with this Act are
ordered. 

SECTION 5. Emergency clause.