By Maxey                                               H.B. No. 546
         76R3321 CAG-D                           
                                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 APPLICANTS WITH DISABILITIES.  (a)  An institution of higher
1-11     education may not require an applicant for admission to the
1-12     institution or to a degree program, school, or college within the
1-13     institution to report, submit, or disclose the applicant's test
1-14     score or other result from the administration of a standardized
1-15     assessment, achievement, or admissions test, including any of the
1-16     tests commonly known as the PSAT, SAT, ACT, GRE, GMAT, MCAT, or
1-17     LSAT, if the applicant:
1-18                 (1)  is a person with a disability, as defined by
1-19     Section 121.002, Human Resources Code, and the person's disability
1-20     is 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 disability 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 APPLICANTS WITH DISABILITIES.  (a)  An
2-14     institution of higher education, the Texas Higher Education
2-15     Coordinating Board, or any person acting on behalf of an
2-16     institution of higher education or the coordinating board relating
2-17     to the award of a scholarship or other financial aid to an
2-18     applicant for a scholarship or financial aid may not require the
2-19     applicant to report, submit, or disclose the applicant's test score
2-20     or other result from the administration of a standardized
2-21     assessment, achievement, or admissions test, including any of the
2-22     tests commonly known as the PSAT, SAT, ACT, GRE, GMAT, MCAT, or
2-23     LSAT, if the applicant:
2-24                 (1)  is a person with a disability, as defined by
2-25     Section 121.002, Human Resources Code, and the person's disability
2-26     is 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 disability 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 2000 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.