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.