By Rangel H.B. No. 1106
76R5203 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consideration of race, ethnicity, or national
1-3 origin in certain actions and decisions of public institutions of
1-4 higher education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 51, Education Code, is amended by adding
1-7 Subchapter V to read as follows:
1-8 SUBCHAPTER V. POLICIES
1-9 TO PROMOTE FULL PARTICIPATION
1-10 IN HIGHER EDUCATION
1-11 Sec. 51.821. PURPOSE. The policies and requirements
1-12 provided by this subchapter are intended to remedy the present
1-13 effects of past segregation by the State of Texas and its political
1-14 subdivisions and public institutions to promote the essential,
1-15 fundamental, and compelling interests of Texas to provide full and
1-16 equal opportunities for all Texans to participate in and enjoy the
1-17 benefits of the state's system of higher education.
1-18 Sec. 51.822. DEFINITIONS. In this subchapter, "general
1-19 academic teaching institution" and "institution of higher
1-20 education" have the meanings assigned by Section 61.003.
1-21 Sec. 51.823. LEGISLATIVE FINDING. After accumulating and
1-22 analyzing evidence from state-supported undergraduate, graduate,
1-23 and professional schools and programs at institutions of higher
1-24 education, the legislature finds that there is a strong basis in
2-1 evidence of the harms being remedied by this subchapter.
2-2 Specifically, the legislature finds that past segregation by this
2-3 state and its political subdivisions and public institutions has
2-4 present effects, that those present effects are of sufficient
2-5 magnitude to warrant remedial action, and that the remedies
2-6 provided by this subchapter are narrowly tailored to eliminate the
2-7 present effects of that past segregation.
2-8 Sec. 51.824. UNDERGRADUATE PROGRAMS. Each general academic
2-9 teaching institution may consider African-American race and
2-10 Mexican-American national origin as a factor in admitting
2-11 undergraduate students, granting scholarships, loans, and
2-12 fellowships to undergraduate students, recruiting and retaining
2-13 undergraduate students, and administering private and governmental
2-14 programs relating to undergraduate students.
2-15 Sec. 51.825. GRADUATE AND PROFESSIONAL PROGRAMS. Each
2-16 institution of higher education that offers a graduate or
2-17 professional degree program may consider African-American race and
2-18 Mexican-American national origin as a factor in admitting students
2-19 to those programs, granting scholarships, loans, and fellowships to
2-20 students enrolled in those programs, recruiting and retaining
2-21 students in those programs, and administering private and
2-22 governmental programs relating to those programs.
2-23 Sec. 51.826. ANNUAL REVIEW AND REPORTS. (a) Each
2-24 institution of higher education that uses race or national origin
2-25 as a factor as provided by this subchapter shall apply the same
2-26 criteria to all students, using the same committees and same
2-27 waiting lists, and shall minimize harm to any third parties.
3-1 (b) Every year, each institution of higher education to
3-2 which this subchapter applies shall evaluate its programs developed
3-3 under this subchapter to determine their effectiveness, the
3-4 availability of equally or more effective alternatives, and the
3-5 harm if any to third parties, and shall report on these matters to
3-6 the governor, the lieutenant governor, the speaker of the house of
3-7 representatives, the chair of the legislative committee of each
3-8 house of the legislature with primary jurisdiction over higher
3-9 education, and appropriate state agencies.
3-10 SECTION 2. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.