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           (c)  In order to avoid duplication with any other study by

1-17     the office of the comptroller, the board shall, through a

1-18     memorandum of understanding, work in conjunction with the

1-19     comptroller in conducting the study.

1-20           SECTION 2.  (a)  The Texas Higher Education Coordinating

1-21     Board shall institute and coordinate a study of the effects of

1-22     recent actions on the rates at which members of racial and ethnic

1-23     minority groups in this state apply for or are admitted to public

1-24     institutions of higher education in this state.

 2-1           (b)  The study shall consider any factors the coordinating

 2-2     board can identify that may have affected or be affecting those

 2-3     application and admission rates, including:

 2-4                 (1)  recent legal developments, including the 1996

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

 2-6     State;

 2-7                 (2)  recent changes in application or student

 2-8     recruiting procedures by public institutions of higher education;

 2-9     and

2-10                 (3)  recent changes in admissions standards or

2-11     practices at public institutions of higher education.

2-12           (c)  The study shall include recommendations for legislative

2-13     or administrative actions that may be taken to encourage or achieve

2-14     greater participation by members of racial and ethnic minority

2-15     groups in higher education in this state.

2-16           (d)  In conducting the study, the coordinating board may

2-17     appoint advisory or other committees to assist in planning,

2-18     conducting, or analyzing the study.  A committee may include any

2-19     educators, experts, or other persons willing to serve.  The

2-20     coordinating board may request the assistance of any state agency,

2-21     office, department, or institution.  Each public institution of

2-22     higher education shall cooperate with the board in conducting the

2-23     study.

2-24           (e)  The coordinating board shall report its activities and

2-25     the findings of the study to the governor, the lieutenant governor,

2-26     and the speaker of the house of representatives not later than

2-27     December 1, 1998.

 3-1           (f)  This section expires January 1, 1999.

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

 3-3     crowded condition of the calendars in both houses create an

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended,

 3-7     and that this Act take effect and be in force from and after its

 3-8     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2146 was passed by the House on April

         18, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2146 on May 23, 1997, by the

         following vote:  Yeas 121, Nays 17, 2 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2146 was passed by the Senate, with

         amendments, on May 21, 1997, by the following vote:  Yeas 29, Nays

         1.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor