75R12085 CAG-D                           

         By Maxey                                              H.B. No. 2725

         Substitute the following for H.B. No. 2725:

         By Solis                                          C.S.H.B. No. 2725

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of standardized test scores in making

 1-3     admissions determinations and in awarding scholarships and

 1-4     financial aid for certain persons at public institutions of higher

 1-5     education.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is

 1-8     amended by adding Section 51.9241 to read as follows:

 1-9           Sec. 51.9241.  USE OF STANDARDIZED TEST SCORES IN ADMISSIONS

1-10     OF HANDICAPPED APPLICANTS.  (a)  An institution of higher education

1-11     may not require an applicant for admission to the institution or to

1-12     a degree program, school, or college within the institution to

1-13     report, submit, or disclose the applicant's test score or other

1-14     result from the administration of a standardized assessment,

1-15     achievement, or admissions test, including any of the tests

1-16     commonly known as the PSAT, SAT, ACT, GRE, GMAT, MCAT, or LSAT, if

1-17     the applicant:

1-18                 (1)  is a handicapped person, as defined by Section

1-19     121.002, Human Resources Code, and the person's handicap is

1-20     reasonably likely to impair or interfere with the applicant's

1-21     performance on a standardized test; and

1-22                 (2)  submits with the admission application a signed

1-23     statement of a licensed physician or other licensed health care

1-24     provider that the applicant's handicap is reasonably likely to

 2-1     impair or interfere with the applicant's performance on a

 2-2     standardized test.

 2-3           (b)  It is a ground for disciplinary action by the

 2-4     appropriate licensing agency for a physician or other health care

 2-5     provider to:

 2-6                 (1)  sign a false or misleading statement described by

 2-7     Subsection (a); or

 2-8                 (2)  sign a statement described by Subsection (a)

 2-9     without determining the accuracy of the statement.

2-10           SECTION 2.  Subchapter A, Chapter 56, Education Code, is

2-11     amended by adding Section 56.004 to read as follows:

2-12           Sec. 56.004.  USE OF STANDARDIZED TEST RESULTS IN FINANCIAL

2-13     AID DETERMINATIONS OF HANDICAPPED APPLICANTS.  (a)  An institution

2-14     of higher education, the Texas Higher Education Coordinating Board,

2-15     or any person acting on behalf of an institution of higher

2-16     education or the coordinating board relating to the award of a

2-17     scholarship or other financial aid to an applicant for a

2-18     scholarship or financial aid may not require the applicant to

2-19     report, submit, or disclose the applicant's test score or other

2-20     result from the administration of a standardized assessment,

2-21     achievement, or admissions test, including any of the tests

2-22     commonly known as the PSAT, SAT, ACT, GRE, GMAT, MCAT, or LSAT, if

2-23     the applicant:

2-24                 (1)  is a handicapped person, as defined by Section

2-25     121.002, Human Resources Code, and the person's handicap is

2-26     reasonably likely to impair or interfere with the applicant's

2-27     performance on a standardized test; and

 3-1                 (2)  submits with the scholarship or financial aid

 3-2     application a signed statement of a licensed physician or other

 3-3     licensed health care provider that the applicant's handicap is

 3-4     reasonably likely to impair or interfere with the applicant's

 3-5     performance on a standardized test.

 3-6           (b)  It is a ground for disciplinary action by the

 3-7     appropriate licensing agency for a physician or other health care

 3-8     provider to:

 3-9                 (1)  sign a false or misleading statement described by

3-10     Subsection (a); or

3-11                 (2)  sign a statement described by Subsection (a)

3-12     without determining the accuracy of the statement.

3-13           SECTION 3.  This Act applies beginning with admissions or

3-14     awards of financial aid for the 1998 fall semester.

3-15           SECTION 4.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended.