By:  Rodriguez                                                    H.B. No. 2815



A BILL TO BE ENTITLED

AN ACT

relating to the consideration of race, ethnicity, or national 
origin in certain actions and decisions of public institutions of 
higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 51, Education Code, is amended by adding 
Subchapter AA to read as follows:

SUBCHAPTER AA.  POLICIES

TO PROMOTE FULL PARTICIPATION

IN HIGHER EDUCATION
	Sec. 51.021.  PURPOSE.  The policies and requirements 
provided by this subchapter are intended to remedy the present 
effects of past segregation by the State of Texas and its political 
subdivisions and public institutions to promote the essential, 
fundamental, and compelling interests of Texas to provide full and 
equal opportunities for all Texans to participate in and enjoy the 
benefits of the state's system of higher education.
	Sec. 51.022.  DEFINITIONS.  In this subchapter, "general 
academic teaching institution" and "institution of higher 
education" have the meanings assigned by Section 61.003.
	Sec. 51.023.  LEGISLATIVE FINDING.  After accumulating and 
analyzing evidence from state-supported undergraduate, graduate, 
and professional schools and programs at institutions of higher 
education, the legislature finds that there is a strong basis in 
evidence of the harms being remedied by this subchapter.  
Specifically, the legislature finds that past segregation by this 
state and its political subdivisions and public institutions has 
present effects, that those present effects are of sufficient 
magnitude to warrant remedial action, and that the remedies 
provided by this subchapter are narrowly tailored to eliminate the 
present effects of that past segregation.
	Sec. 51.024.  UNDERGRADUATE PROGRAMS.  Each general academic 
teaching institution may consider African American race and Mexican 
American national origin as a factor in admitting undergraduate 
students, granting scholarships, loans, and fellowships to 
undergraduate students, recruiting and retaining undergraduate 
students, and administering private and governmental programs 
relating to undergraduate students.
	Sec. 51.025.  ANNUAL REVIEW AND REPORTS.  (a)  Each 
institution of higher education that uses race or national origin 
as a factor as provided by this subchapter shall apply the same 
criteria to all students, using the same committees and same 
waiting lists, and shall minimize harm to any third parties.
	(b)  Every year, each institution of higher education to 
which this subchapter applies shall evaluate its programs developed 
under this subchapter to determine their effectiveness, the 
availability of equally or more effective alternatives, and the 
harm if any to third parties, and shall report on these matters to 
the governor, the lieutenant governor, the speaker of the house of 
representatives, the chair of the legislative committee of each 
house of the legislature with primary jurisdiction over higher 
education, and appropriate state agencies.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.