By: Barrientos S.B. No. 1868
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the consideration of race, ethnicity, or national
1-2 origin in certain actions and decisions of public institutions of
1-3 higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. PURPOSE. The policies and requirements provided
1-6 by this Act are intended to remedy the present effects of past
1-7 discrimination by the State of Texas and its political subdivisions
1-8 and public institutions to promote the essential, fundamental, and
1-9 compelling interests of Texas to provide full and equal
1-10 opportunities for all Texans to participate in and enjoy the
1-11 benefits of the state's system of higher education.
1-12 SECTION 2. UNDERGRADUATE PROGRAMS. (a) Each general
1-13 academic teaching institution, as that term is defined by Section
1-14 61.003, Education Code, may consider African American race and
1-15 Mexican American national origin as a factor in admitting
1-16 undergraduate students, granting scholarships, loans, and
1-17 fellowships to undergraduate students, recruiting and retaining
1-18 undergraduate students, and administering private and governmental
1-19 programs relating to undergraduate students.
1-20 (b) Each year, each institution covered by this section
1-21 shall compare the proportions of African American and Mexican
2-1 American undergraduate students at the institution to the
2-2 proportions of African Americans and Mexican Americans graduating
2-3 from public high school in this state, and to the extent that the
2-4 institution's enrollment proportion is lower than the proportion of
2-5 the persons of the same group graduating from high school, the
2-6 institution shall continue to use African-American race or Mexican
2-7 American national origin as a factor in admitting undergraduate
2-8 students, granting scholarships, loans, fellowships to
2-9 undergraduate students, and recruitment and retention of
2-10 undergraduate students for the next six years.
2-11 SECTION 3. GRADUATE AND PROFESSIONAL PROGRAMS. (a) Each
2-12 institution of higher education, as that term is defined by Section
2-13 61.003, Education Code, that offers a graduate or professional
2-14 degree program may consider African American race and Mexican
2-15 American national origin as a factor in admitting students to those
2-16 programs, granting scholarships, loans, and fellowships to students
2-17 enrolled in those programs, recruiting and retaining students in
2-18 those programs, and administering private and governmental programs
2-19 relating to those programs.
2-20 (b) Each year, each institution to which this section
2-21 applies shall compare the proportions of African American and
2-22 Mexican American students enrolled in each graduate or professional
2-23 degree program to the proportions of African Americans and Mexican
2-24 Americans receiving baccalaureate degrees from public institutions
2-25 of higher education of this state, and to the extent that the
3-1 graduate or professional degree program enrollment proportion is
3-2 lower than the proportion of persons of the same group receiving
3-3 baccalaureate degrees, the institution shall use African-American
3-4 race or Mexican American national origin as a factor in admitting
3-5 student to the program, granting scholarships, loans, and
3-6 fellowships to students in the program, and recruitment and
3-7 retention for the program for the next six years.
3-8 SECTION 4. ANNUAL REVIEW AND REPORTS. (a) Each public
3-9 institution of higher education that uses race or national origin
3-10 as a factor as provided by this Act shall apply the same criteria
3-11 to all students, using the same committees and same waiting lists
3-12 and shall minimize harm to any third parties.
3-13 (b) Every year, each public institution of higher education
3-14 to which this Act applies shall evaluate its programs developed
3-15 under this section to determine their effectiveness, the
3-16 availability of equally or more effective alternatives, and the
3-17 harm if any to third parties, and shall report on these matters to
3-18 the governor, the lieutenant governor, the speaker of the house of
3-19 representatives, the chair of the legislative committee of each
3-20 house of the legislature with primary jurisdiction over higher
3-21 education, and to appropriate state agencies.
3-22 SECTION 5. EMERGENCY. The importance of this legislation
3-23 and the crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.