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.