1-1     By:  Maxey, Dukes (Senate Sponsor - Ellis)            H.B. No. 2146

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on

 1-4     Education; May 18, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 9, Nays 0;

 1-6     May 18, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2146               By:  Shapleigh

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to studying minority participation in public higher

1-11     education.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter C, Chapter 61, Education Code, is

1-14     amended by adding Section 61.080 to read as follows:

1-15           Sec. 61.080.  CONTINUING STUDY OF MINORITY PARTICIPATION IN

1-16     HIGHER EDUCATION.  (a)  The board shall collect data and maintain a

1-17     database relating to the participation of members of racial and

1-18     ethnic minority groups in this state in public higher education,

1-19     including data relating to minority applications, recruitment,

1-20     admissions, retention, graduation, and professional licensing at

1-21     both the undergraduate and graduate levels.

1-22           (b)  The board shall maintain a continuous study of the data

1-23     collected under Subsection (a) and of factors affecting that data.

1-24           (c)  In order to avoid duplication with any other study by

1-25     the office of the comptroller, the board shall, through a

1-26     memorandum of understanding, work in conjunction with the

1-27     comptroller in conducting the study.

1-28           SECTION 2.  (a)  The Texas Higher Education Coordinating

1-29     Board shall institute and coordinate a study of the effects of

1-30     recent actions on the rates at which members of racial and ethnic

1-31     minority groups in this state apply for or are admitted to public

1-32     institutions of higher education in this state.

1-33           (b)  The study shall consider any factors the coordinating

1-34     board can identify that may have affected or be affecting those

1-35     application and admission rates, including:

1-36                 (1)  recent legal developments, including the 1996

1-37     decision of the U.S. 5th Circuit Court of Appeals in Hopwood v.

1-38     State;

1-39                 (2)  recent changes in application or student

1-40     recruiting procedures by public institutions of higher education;

1-41     and

1-42                 (3)  recent changes in admissions standards or

1-43     practices at public institutions of higher education.

1-44           (c)  The study shall include recommendations for legislative

1-45     or administrative actions that may be taken to encourage or achieve

1-46     greater participation by members of racial and ethnic minority

1-47     groups in higher education in this state.

1-48           (d)  In conducting the study, the coordinating board may

1-49     appoint advisory or other committees to assist in planning,

1-50     conducting, or analyzing the study.  A committee may include any

1-51     educators, experts, or other persons willing to serve.  The

1-52     coordinating board may request the assistance of any state agency,

1-53     office, department, or institution.  Each public institution of

1-54     higher education shall cooperate with the board in conducting the

1-55     study.

1-56           (e)  The coordinating board shall report its activities and

1-57     the findings of the study to the governor, the lieutenant governor,

1-58     and the speaker of the house of representatives not later than

1-59     December 1, 1998.

1-60           (f)  This section expires January 1, 1999.

1-61           SECTION 3.  The importance of this legislation and the

1-62     crowded condition of the calendars in both houses create an

1-63     emergency and an imperative public necessity that the

1-64     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended,

 2-2     and that this Act take effect and be in force from and after its

 2-3     passage, and it is so enacted.

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