75R10123 JSA-D                           

         By Goolsby                                             H.B. No. 858

         Substitute the following for H.B. No. 858:

         By Rangel                                          C.S.H.B. No. 858

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to providing for open enrollment for a portion of those

 1-3     persons admitted as undergraduates at certain public institutions

 1-4     of higher education.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 51, Education Code, is amended by adding

 1-7     Subchapter S to read as follows:

 1-8                          SUBCHAPTER S.  ADMISSIONS

 1-9           Sec. 51.761.  DEFINITIONS.  The definitions provided by

1-10     Section 61.003 apply to this subchapter.

1-11           Sec. 51.762.  OPEN ENROLLMENT FOR UNDERGRADUATES.  (a) Each

1-12     general academic teaching institution shall admit a portion of the

1-13     undergraduate students admitted to the institution in each academic

1-14     year through open enrollment as provided by this section.

1-15           (b)  The portion of the undergraduates admitted each academic

1-16     year that must be admitted to an institution through open

1-17     enrollment is determined as follows:

1-18                 (1)  for an institution with a total enrollment for the

1-19     preceding academic year of 30,000 or more, one percent of the

1-20     undergraduates admitted must be admitted through open enrollment;

1-21                 (2)  for an institution with a total enrollment for the

1-22     preceding academic year of 10,000 or more but less than 30,000, two

1-23     percent of the undergraduates admitted must be admitted through

1-24     open enrollment; and

 2-1                 (3)  for an institution with a total enrollment for the

 2-2     preceding academic year of less than 10,000, two percent of the

 2-3     undergraduates admitted must be admitted through open enrollment.

 2-4           (c)  The institution shall admit through open enrollment each

 2-5     applicant who has earned a high school diploma or the equivalent

 2-6     and who is not admitted under another category or process.  If the

 2-7     number of applicants who have earned a high school diploma or the

 2-8     equivalent and who are not admitted under another category or

 2-9     process exceeds the number of available spaces for admission, the

2-10     institution by lot shall select the appropriate number of

2-11     applicants to admit under this subsection.  The institution may

2-12     require a student admitted under this subsection to enter the

2-13     institution in a summer term.

2-14           SECTION 2.  This Act takes effect September 1, 1997, and

2-15     applies to admissions for academic years beginning with the

2-16     1998-1999 academic year.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.