By Maxey, Dukes                                       H.B. No. 2146

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to studying minority participation in public higher

 1-3     education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 61, Education Code, is

 1-6     amended by adding Section 61.080 to read as follows:

 1-7           Sec. 61.080.  CONTINUING STUDY OF MINORITY PARTICIPATION IN

 1-8     HIGHER EDUCATION.  (a)  The board shall collect data and maintain a

 1-9     database relating to the participation of members of racial and

1-10     ethnic minority groups in this state in public higher education,

1-11     including data relating to minority applications, recruitment,

1-12     admissions, retention, graduation, and professional licensing at

1-13     both the undergraduate and graduate levels.

1-14           (b)  The board shall maintain a continuous study of the data

1-15     collected under Subsection (a) and of factors affecting that data.

1-16           SECTION 2.  (a)  The Texas Higher Education Coordinating

1-17     Board shall institute and coordinate a study of the effects of

1-18     recent actions on the rates at which members of racial and ethnic

1-19     minority groups in this state apply for or are admitted to public

1-20     institutions of higher education in this state.

1-21           (b)  The study shall consider any factors the coordinating

1-22     board can identify that may have affected or be affecting those

1-23     application and admission rates, including:

1-24                 (1)  recent legal developments, including the 1996

 2-1     decision of the U.S. 5th Circuit Court of Appeals in Hopwood v.

 2-2     State;

 2-3                 (2)  recent changes in application or student

 2-4     recruiting procedures by public institutions of higher education;

 2-5     and

 2-6                 (3)  recent changes in admissions standards or

 2-7     practices at public institutions of higher education.

 2-8           (c)  The study shall include recommendations for legislative

 2-9     or administrative actions that may be taken to encourage or achieve

2-10     greater participation by members of racial and ethnic minority

2-11     groups in higher education in this state.

2-12           (d)  In conducting the study, the coordinating board may

2-13     appoint advisory or other committees  to assist in planning,

2-14     conducting, or analyzing the study.  A committee may include any

2-15     educators, experts, or other persons willing to serve.  The

2-16     coordinating board may request the assistance of any state agency,

2-17     office, department, or institution. Each public institution of

2-18     higher education shall cooperate with the board in conducting the

2-19     study.

2-20           (e)  The coordinating board shall report its activities and

2-21     the findings of the study to the  governor, the lieutenant

2-22     governor, and the speaker of the house of representatives not later

2-23     than December 1, 1998.

2-24           (f)  This section expires January 1, 1999.

2-25           SECTION 3.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended,

 3-3     and that this Act take effect and be in force from and after its

 3-4     passage, and it is so enacted.