By Barrientos                                         S.B. No. 1356
         76R7189 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to providing certain students with an equal opportunity to
 1-3     enroll in or receive a competitive scholarship for a graduate or
 1-4     professional degree program.
 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.  ADMISSION AND SCHOLARSHIP
 1-9               POLICIES FOR GRADUATE AND PROFESSIONAL PROGRAMS
1-10           Sec. 51.821.  DEFINITIONS.  In this subchapter:
1-11                 (1)  "General academic teaching institution" and
1-12     "medical and dental unit" have the meanings assigned by Section
1-13     61.003.
1-14                 (2)  "Graduate program" means a degree program, as
1-15     defined by Section 61.003, to which a student may be admitted that
1-16     leads to a master's or doctoral degree.
1-17                 (3)  "Professional program" means a degree program, as
1-18     defined by Section 61.003, to which a student may be admitted that
1-19     leads to a degree required for licensure as an attorney, doctor of
1-20     medicine or osteopathy, dentist, architect, or pharmacist.
1-21           Sec. 51.822.  ADMISSION AND SCHOLARSHIP FACTORS FOR GRADUATE
1-22     AND PROFESSIONAL PROGRAMS.  (a)  A graduate or professional program
1-23     of a general academic teaching institution or medical or dental
1-24     unit must consider the following factors in making an admissions or
 2-1     scholarship decision for admissions into or competitive
 2-2     scholarships for the graduate or professional program:
 2-3                 (1)  an applicant's academic record as a high school
 2-4     student and undergraduate student;
 2-5                 (2)  the socioeconomic background of the applicant
 2-6     while the applicant attended elementary and secondary school and
 2-7     was an undergraduate student,  including any change in that
 2-8     background;
 2-9                 (3)  whether the applicant would be the first
2-10     generation of the applicant's family to attend or graduate from an
2-11     undergraduate program or from a graduate or professional program;
2-12                 (4)  whether the applicant has bilingual proficiency;
2-13                 (5)  the applicant's responsibilities while attending
2-14     elementary and secondary school and as an undergraduate student,
2-15     including whether the applicant was employed, whether the applicant
2-16     helped to raise children, and other similar factors;
2-17                 (6)  the applicant's region of residence at the time of
2-18     application and, if the applicant graduated from a public high
2-19     school in this state within the preceding 20 years, the region in
2-20     which the applicant's school district is located;
2-21                 (7)  if the applicant graduated from a public high
2-22     school in this state within the preceding 20 years:
2-23                       (A)  the financial status of the applicant's
2-24     school district at the time the applicant attended the school, and
2-25     the performance level of the school at that time as determined by
2-26     the school accountability criteria used by the Texas Education
2-27     Agency;
 3-1                       (B)  the comparative representation of graduates
 3-2     of that high school in the student body of the graduate or
 3-3     professional program during the preceding 20 years; and
 3-4                       (C)  whether the applicant attended any school
 3-5     while the school or the school district was under a court-ordered
 3-6     desegregation plan or under a corrective action plan of the United
 3-7     States Department of Education Office for Civil Rights;
 3-8                 (8)  the applicant's involvement in community
 3-9     activities;
3-10                 (9)  the applicant's demonstrated commitment to a
3-11     particular field of study;
3-12                 (10)  for admission into a professional program, the
3-13     current comparative availability of members of that profession in
3-14     the applicant's region of residence while the applicant attended
3-15     elementary and secondary school; and
3-16                 (11)  the applicant's personal interview.
3-17           (b)  An applicant's performance on a standardized test may be
3-18     used in the admissions or competitive scholarship process only to
3-19     compare the applicant's test score with those of other applicants
3-20     from similar socioeconomic backgrounds.  If an applicant's
3-21     performance on a standardized test is used for that purpose, it
3-22     must be considered together with other compensatory criteria and
3-23     may not account for more than 25 percent of the weight assigned to
3-24     factors considered in the admissions or competitive scholarship
3-25     process.
3-26           (c)  The applicant's performance on a standardized test may
3-27     not be used in the admissions or competitive scholarship process:
 4-1                 (1)  to initially screen, limit, or stop further
 4-2     consideration of the applicant;
 4-3                 (2)  in conjunction with other factors to create an
 4-4     index score used to initially screen, limit, or stop further
 4-5     consideration of the applicant; or
 4-6                 (3)  in any other way not authorized by this section.
 4-7           (d)  Not later than one year before the date that
 4-8     applications for admissions and competitive scholarships are first
 4-9     considered for a graduate or professional program under this
4-10     subchapter, each general academic teaching institution or medical
4-11     and dental unit shall publish in the catalog of the institution or
4-12     unit a description of the factors to be considered by the
4-13     institution or unit in making those admissions and competitive
4-14     scholarship decisions and shall make the information available to
4-15     the public.
4-16           (e)  The requirements of Subsection (d) do not apply to
4-17     admissions and competitive scholarships for the 2000 fall semester.
4-18     Each institution or unit covered by Subsection (d) shall make the
4-19     required information available to the public and to applicants to
4-20     its graduate and professional programs not later than December 1,
4-21     1999, for the 2000 fall semester.  This subsection expires
4-22     September 1, 2000.
4-23           Sec. 51.823.  RULEMAKING.  The Texas Higher Education
4-24     Coordinating Board may adopt rules relating to the operation of
4-25     admissions and competitive scholarship processes under this
4-26     subchapter.
4-27           SECTION 2.  (a)  The change in law made by this Act applies
 5-1     beginning with admissions and competitive scholarships for the
 5-2     2000-2001 academic year.
 5-3           (b)  The Texas Higher Education Coordinating Board, each
 5-4     general academic teaching institution, and each medical and dental
 5-5     unit shall adopt rules or policies relating to the admission of
 5-6     students and awarding of scholarships under Subchapter V, Chapter
 5-7     51, Education Code, as added by this Act, not later than January 1,
 5-8     2000.
 5-9           SECTION 3.  The importance of this legislation and the
5-10     crowded condition of the calendars in both houses create an
5-11     emergency and an imperative public necessity that the
5-12     constitutional rule requiring bills to be read on three several
5-13     days in each house be suspended, and this rule is hereby suspended,
5-14     and that this Act take effect and be in force from and after its
5-15     passage, and it is so enacted.