79R1681 KEL-D

By:  Van Arsdale                                                  H.B. No. 1482



A BILL TO BE ENTITLED

AN ACT

relating to reports regarding the use of race, color, ethnicity, or 
national origin by public institutions of higher education in 
admissions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Subchapter H, Chapter 51, 
Education Code, is amended to read as follows:

SUBCHAPTER H.  GUIDELINES FOR ACADEMIC AND OTHER REPORTS BY 
INSTITUTIONS OF HIGHER EDUCATION
	SECTION 2.  Subchapter H, Chapter 51, Education Code, is 
amended by adding Section 51.4032 to read as follows:
	Sec. 51.4032.  ANNUAL REPORT ON FACTORS CONSIDERED IN 
ADMISSIONS DECISIONS.  (a)  Each institution of higher education 
annually shall provide to the Texas Higher Education Coordinating 
Board and to the chair of each legislative standing committee or 
subcommittee with primary jurisdiction over higher education, and 
shall make available to the public on the institution's website, a 
report regarding whether the institution or any school or 
department of the institution considers race, color, ethnicity, or 
national origin in admitting applicants to any undergraduate, 
graduate, postgraduate, or professional degree program.
	(b)  If the institution of higher education or a school or 
department of the institution considers race, color, ethnicity, or 
national origin in making admissions decisions as described by 
Subsection (a), the report must contain the following information 
with respect to the institution, school, or department, as 
applicable:
		(1)  for any group identified by race, color, 
ethnicity, or national origin that is considered in admissions 
decisions, how membership in that group is determined for 
individual applicants;
		(2)  how membership in that group is considered in 
admissions decisions, including:
			(A)  the weight given to consideration of 
membership in that group; and
			(B)  the use of any targets, quotas, or other 
numbers-based goals for that group;
		(3)  why membership in that group is considered in 
admissions decisions, including:
			(A)  the degree to which members of that group are 
represented at the institution, school, or department; and
			(B)  any correlation between the admission of 
those group members and the educational goals of the institution, 
school, or department, including any goal to increase diversity in 
the student population;
		(4)  if membership in that group is considered in 
admissions decisions because of an educational goal of the 
institution, school, or department, what consideration has been 
given to any available alternatives, including alternatives that 
are neutral with respect to race, color, ethnicity, or national 
origin, for achieving that goal;
		(5)  how frequently and in what manner the institution, 
school, or department reassesses the need to consider membership in 
that group in admissions decisions;
		(6)  an analysis of the correlation between membership 
in any group given preference in admissions decisions on account of 
race, color, ethnicity, or national origin and:
			(A)  the enrollment rates of members of that group 
in remedial or developmental programs relative to members of other 
groups;
			(B)  the graduation rates of members of that group 
relative to members of other groups; and
			(C)  the rate of default by members of that group 
on education loans relative to members of other groups; and
		(7)  any factors other than race, color, ethnicity, or 
national origin for which information is collected for use in the 
admissions decisions covered by the report.
	(c)  To enable a statistical comparison of the weight given 
to race, color, ethnicity, or national origin relative to the 
factors described by Subsection (b)(7), if the factors disclosed 
under that subdivision include high school grades, grade point 
averages, or class rank, scores on standardized tests, including 
the ACT or SAT, legacy status, gender, state residency, or other 
quantifiable criteria, the institution of higher education must 
provide the following information with the report in a standard 
computer-readable format:
		(1)  all quantifiable or other computer-readable raw 
admissions data linked to specific applicants, including the 
applicants' race, color, ethnicity, or national origin, as 
applicable; and
		(2)  the admissions decisions made by the institution, 
school, or department regarding those applicants.
	(d)  The information required by Subsection (c) may not 
identify the applicants by name or in another manner that would 
enable a person to identify an individual applicant using the data.
	SECTION 3.  Each public institution of higher education in 
this state shall submit the first report required by Section 
51.4032, Education Code, as added by this Act, not later than July 
1, 2006.
	SECTION 4.  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, 2005.