SRC-JRN S.B. 1868 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1868
By: Barrientos
Education
5-20-97
As Filed


DIGEST 

Currently, no Texas law exists for the consideration of African American
race or Mexican American national origin as a factor for admission or to
meet educational needs for certain actions and decisions of public
institutions of higher education.  Because the State of Texas is expected
to increase in population to 20,119,000 by the year 2000, concern exists
regarding how Texas will accommodate this growth, the accessibility of
higher education, and how institutions of higher education will reflect
the state's population.  This bill authorizes institutions of higher
education to use African American race or Mexican American national origin
as a factor for admission or to meet educational needs of African American
and Mexican American students for certain actions and decisions of public
institutions of higher education. 

PURPOSE

As proposed, S.B. 1868 authorizes institutions of higher education to use
African American race or Mexican American national origin as a factor for
admission or to meet educational needs of African American and Mexican
American students for certain actions and decisions of public institutions
of 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. PURPOSE.  Provides that the policies and requirements provided
by this Act are intended to remedy the present effects of past
discrimination by the State of Texas, its political subdivisions, and
public institutions to promote the essential, fundamental, and compelling
interests of Texas in order to provide equal opportunities for all Texans
to participate in and enjoy the benefits of the state's system of higher
education. 

SECTION 2. UNDERGRADUATE PROGRAMS.  Authorizes each general academic
teaching institution, as defined by Section 61.003, Education Code, to
consider African American race and Mexican American national origin as a
factor in meeting certain requirements that affect undergraduate students.
Requires each institution covered by this section to compare the
proportions of African American and Mexican American undergraduate
students at the institution to the proportions of African Americans and
Mexican Americans graduating from public high school in this state.
Requires an institution to continue to use African American race or
Mexican American national origin as a factor in meeting certain
requirements of undergraduate students, to the extent that an
institution's enrollment proportion is lower than the proportion of the
persons of the same group graduating from high school. 

SECTION 3. GRADUATE AND PROFESSIONAL PROGRAMS.  Authorizes each
institution of higher education that offers a graduate or professional
degree program, as defined by Section 61.003, Education Code, to consider
African American race and Mexican American national origin as a factor in
meeting certain requirements that affect graduate students.  Requires each
institution covered by this section to compare the proportions of African
American and Mexican American students enrolled in each graduate or
professional degree program at the institution to the proportions of
African Americans and Mexican Americans receiving baccalaureate degrees
from public  institutions of higher education in this state.  Requires an
institution to continue to use African American race or Mexican American
national origin as a factor in admitting students to the program, and
recruitment and retention for the program for the next six years. 

SECTION 4. ANNUAL REVIEW AND REPORTS.  Requires each public institution of
higher education that uses race or national origin as a factor as provided
by this Act to apply the same criteria to all students, using the same
committees and same waiting lists and to minimize harm to any third
parties.  Requires each public institution of higher education to which
this Act applies to evaluate its programs developed under this section to
determine their effectiveness, the availability of equally or more
effective alternatives, and the harm, if any, to third parties every year.
Requires each institution to report on these matters to certain persons. 

SECTION 5. Emergency clause.
  Effective date:  90 days after adjournment.