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.