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 may 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 multilingual
2-13     proficiency;
2-14                 (5)  the applicant's responsibilities while attending
2-15     elementary and secondary school and as an undergraduate student,
2-16     including whether the applicant was employed, whether the applicant
2-17     helped to raise children, and other similar factors;
2-18                 (6)  to achieve geographic diversity, the applicant's
2-19     region of residence at the time of application and, if the
2-20     applicant graduated from a public high school in this state within
2-21     the preceding 20 years, the region in which the applicant's school
2-22     district is located;
2-23                 (7)  the applicant's involvement in community
2-24     activities;
2-25                 (8)  the applicant's demonstrated commitment to a
2-26     particular field of study;
2-27                 (9)  for admission into a professional program, the
 3-1     current comparative availability of members of that profession in
 3-2     the applicant's region of residence while the applicant attended
 3-3     elementary and secondary school;
 3-4                 (10)  whether the applicant was automatically admitted
 3-5     to a general academic teaching institution as an undergraduate
 3-6     student under Section 51.803; and
 3-7                 (11)  the applicant's personal interview.
 3-8           (b)  An applicant's performance on a standardized test may
 3-9     not be used in the admissions or competitive scholarship process
3-10     for a graduate or professional program as the sole criterion for
3-11     consideration of the applicant or as the primary criterion to end
3-12     consideration of the applicant.  If an applicant's performance on a
3-13     standardized test is used in the admissions or competitive
3-14     scholarship process, the applicant's performance must also be used
3-15     to compare the applicant's test score with those of other
3-16     applicants from similar socioeconomic backgrounds to the extent
3-17     that those backgrounds can be properly determined and identified by
3-18     the general academic teaching institution or medical and dental
3-19     unit based on information provided in the institution's or unit's
3-20     admissions or competitive scholarship process.  This subsection
3-21     does not apply to a standardized test used to measure the English
3-22     language proficiency of a student who is a graduate of a foreign
3-23     institution of higher education.
3-24           (c)  A general academic teaching institution or medical and
3-25     dental unit may not assign a specific weight to any one factor
3-26     being considered in the admissions or competitive scholarship
3-27     process for a graduate or professional program.
 4-1           (d)  Not later than one year before the date that
 4-2     applications for admissions and competitive scholarships are first
 4-3     considered for a graduate or professional program under this
 4-4     subchapter, each general academic teaching institution or medical
 4-5     and dental unit shall publish in the catalog of the institution or
 4-6     unit a description of the factors to be considered by the
 4-7     institution or unit in making those admissions and competitive
 4-8     scholarship decisions and shall make the information available to
 4-9     the public.
4-10           (e)  The requirements of Subsection (d) do not apply to
4-11     admissions and competitive scholarships for the 2002 fall semester.
4-12     Each institution or unit covered by Subsection (d) shall make the
4-13     required information available to the public and to applicants to
4-14     its graduate and professional programs not later than December 1,
4-15     2001, for the 2002 fall semester.  This subsection expires
4-16     September 1, 2002.
4-17           Sec. 51.823.  RULEMAKING.  The Texas Higher Education
4-18     Coordinating Board may adopt rules relating to the operation of
4-19     admissions and competitive scholarship processes under this
4-20     subchapter.
4-21           SECTION 2.  (a)  The change in law made by this Act applies
4-22     beginning with admissions and competitive scholarships for the
4-23     2002-2003 academic year.
4-24           (b)  The Texas Higher Education Coordinating Board, each
4-25     general academic teaching institution, and each medical and dental
4-26     unit shall adopt rules or policies relating to the admission of
4-27     students and awarding of scholarships under Subchapter V, Chapter
 5-1     51, Education Code, as added by this Act, not later than December
 5-2     1, 2001.
 5-3           SECTION 3.  This Act takes effect immediately if it receives
 5-4     a vote of two-thirds of all the members elected to each house, as
 5-5     provided by Section 39, Article III, Texas Constitution.  If this
 5-6     Act does not receive the vote necessary for immediate effect, this
 5-7     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1641 was passed by the House on April
         4, 2001, by the following vote:  Yeas 119, Nays 17, 3 present, not
         voting; that the House refused to concur in Senate amendments to
         H.B. No. 1641 on May 15, 2001, and requested the appointment of a
         conference committee to consider the differences between the two
         houses; and that the House adopted the conference committee report
         on H.B. No. 1641 on May 25, 2001, by the following vote:  Yeas 138,
         Nays 3, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1641 was passed by the Senate, with
         amendments, on May 10, 2001, by the following vote:  Yeas 29, Nays
         0, 1 present, not voting; at the request of the House, the Senate
         appointed a conference committee to consider the differences
         between the two houses; and that the Senate adopted the conference
         committee report on H.B. No. 1641 on May 25, 2001, by the following
         vote:  Yeas 29, Nays 1, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor