By Dutton H.B. No. 2238 75R6113 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to evidence of discrimination in a suit involving 1-3 university admissions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 106, Civil Practice and Remedies Code, is 1-6 amended by adding Section 106.005 to read as follows: 1-7 Sec. 106.005. EVIDENCE OF DISCRIMINATION IN HIGHER EDUCATION 1-8 ADMISSIONS. (a) In an action against an institution of higher 1-9 education in which it is alleged that the institution has 1-10 discriminated in admissions on the basis of race or ethnicity, it 1-11 is presumed that the institution has discriminated on that basis if 1-12 it is established that the percentage of the student body of the 1-13 institution belonging to the group against which it is alleged that 1-14 the institution has discriminated is less than the percentage of 1-15 the members of the football team of the institution belonging to 1-16 that group by 10 percent or more. For purposes of this subsection, 1-17 the percentages used in the determination are those as of the most 1-18 recent September 15 preceding the date an act of discrimination is 1-19 alleged to have occurred. 1-20 (b) This section does not apply to an institution without a 1-21 football team on the most recent September 15 preceding the date on 1-22 which an act of discrimination is alleged to have occurred. 1-23 (c) In this section: 1-24 (1) "Football team" refers to the football team 2-1 sponsored by the institution to participate in organized 2-2 intercollegiate football games. 2-3 (2) "Institution of higher education" has the meaning 2-4 assigned by Section 61.003, Education Code. 2-5 SECTION 2. This Act applies only to discrimination alleged 2-6 to have occurred on or after the effective date of this Act. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended, 2-12 and that this Act take effect and be in force from and after its 2-13 passage, and it is so enacted.