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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and use of certain applicant information |
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by public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.762(i), Education Code, is amended to |
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read as follows: |
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(i) In addition to other information considered appropriate |
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by the board, the board by rule shall require each institution to |
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collect information regarding gender, citizenship or immigration |
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status [ethnicity], and date of birth as part of the application |
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process and report this information to the board. |
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SECTION 2. Section 51.805(c), Education Code, is amended to |
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read as follows: |
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(c) Except as provided by Section 51.8051, a [A] general |
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academic teaching institution may review other factors in making an |
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admissions decision. |
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SECTION 3. Subchapter U, Chapter 51, Education Code, is |
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amended by adding Section 51.8051 to read as follows: |
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Sec. 51.8051. CONSIDERATION OF RACE AND ETHNICITY |
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PROHIBITED. An institution of higher education, as defined by |
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Section 61.003, may not consider an applicant's race or ethnicity |
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in determining admissions to the institution or to any certificate |
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or degree program, including a graduate, postgraduate, or |
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professional degree program. |
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SECTION 4. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9243 to read as follows: |
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Sec. 51.9243. PROHIBITION ON COLLECTION OF INFORMATION |
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REGARDING RACE, ETHNICITY, OR RELIGION OF APPLICANTS. (a) In this |
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section, "institution of higher education" has the meaning assigned |
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by Section 61.003. |
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(b) An institution of higher education may not request, |
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collect, or maintain information, including a photograph, that |
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indicates the race, ethnicity, or religion of an applicant for |
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admission to the institution or to a certificate or degree program, |
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including a graduate, postgraduate, or professional degree |
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program, at the institution. |
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(c) If the collection of information indicating the race, |
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ethnicity, or religion of an applicant for admission to an |
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institution of higher education is required by federal law, the |
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institution may designate an employee or office of the institution |
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to collect the required information. The employee or office may not |
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be associated with the admissions office of the institution. The |
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employee or office may not disclose or provide the collected |
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information to any person other than a person required to receive |
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the information by federal law. When all requirements under |
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federal law for maintaining the information or providing the |
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information to another person have been satisfied, the institution |
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shall immediately destroy all copies of the collected information |
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and may not give or otherwise distribute the information to any |
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other person, including any employee or officer of the institution. |
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(d) Information indicating the race, ethnicity, or religion |
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of an applicant for admission to an institution of higher education |
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or to a certificate or degree program at the institution that was |
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received, requested, or collected for admission before the |
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2012-2013 academic year may not be used by the institution for |
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admission purposes after that academic year. When all requirements |
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under federal law for maintaining the information or providing the |
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information to another person have been satisfied, the institution |
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shall immediately destroy all copies of the information. |
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(e) This section does not prohibit the request for or |
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receipt, collection, or retention of information relating to race, |
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ethnicity, or religion: |
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(1) for bona fide research, if the information does |
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not identify a person as an applicant for admission to an |
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institution of higher education; or |
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(2) of students enrolled in an institution of higher |
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education. |
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SECTION 5. The changes in law made by this Act apply |
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beginning with admissions and admission applications at public |
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institutions of higher education for the 2012-2013 academic year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |