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78R8223 KSD-D

By:  West                                                         S.B. No. 1008



A BILL TO BE ENTITLED

AN ACT

relating to preferential admission to graduate or professional 
degree programs at public institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter U, Chapter 51, Education Code, is 
amended by adding Section 51.810 to read as follows:
	Sec. 51.810.  PREFERENTIAL ADMISSION: GRADUATE OR 
PROFESSIONAL DEGREE PROGRAMS.  (a)  Each institution of higher 
education, as defined by Section 61.003, that offers a graduate or 
professional degree program shall set aside at least 30 percent of 
the degree program's enrollment capacity for each entering class 
for admission of applicants under Subsection (b).
	(b)  Each institution of higher education shall admit an 
applicant for admission to a graduate or professional degree 
program to fill the enrollment capacity set aside under Subsection 
(a) if the applicant:
		(1)  graduates from an institution of higher education 
with:         
			(A)  a baccalaureate degree; and                                      
			(B)  a grade point average in the top 10 percent of 
the applicant's graduating class; and
		(2)  meets any curriculum requirement for admission to 
the degree program.
	(c)  If the number of applicants qualified to be admitted to 
a graduate or professional degree program by an institution of 
higher education under Subsection (b) exceeds the enrollment 
capacity set aside by the institution, the institution shall 
conduct a lottery to award the spaces to eligible applicants.
	(d)  For purposes of this section, it is presumed that an 
undergraduate student with a grade point average in the top 10 
percent of the student's class at the beginning of a semester in 
which the student is entitled to graduate will graduate with a grade 
point average in the top 10 percent of the student's graduating 
class.  If the student does not graduate at the end of that 
semester, or fails to graduate with a grade point average in the top 
10 percent of the student's graduating class, the institution of 
higher education that has admitted the student to a graduate or 
professional degree program under this section may, but is not 
required to, withdraw an offer of admission to the student, even if 
the student has accepted the offer.  An offer of admission to a 
student to whom the presumption applies must indicate whether the 
offer may be withdrawn under this subsection and that the student's 
acceptance of the offer is conditioned on the student graduating at 
the end of that semester as required by Subsection (b).
	SECTION 2.  (a)  The change in law made by this Act applies 
beginning with admissions for the 2004 fall semester.
	(b)  Each institution of higher education shall adopt 
policies relating to the admission of students under Section 
51.810, Education Code, as added by this Act, not later than January 
1, 2004.
	SECTION 3.  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.