HBA-KDB, LJP H.B. 1641 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1641
By: Rangel
Higher Education
7/3/2001
Enrolled


BACKGROUND AND PURPOSE 

After Hopwood v. Texas, in which the 5th U.S. Circuit Court of Appeals
ruled that race and ethnicity had been used illegally in admissions
decisions at The University of Texas at Austin School of Law, the number of
minority applicants to the state's graduate and professional schools
decreased dramatically.  The number of African American and Hispanic
students in these programs may not have accurately reflected the population
of these minorities in Texas.  House Bill 1641 authorizes a graduate or
professional program to consider factors relating to an applicant's
background in making an admissions or competitive scholarship decision for
a graduate or professional program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 51.823, Education Code) and SECTION 2 of this
bill. 

ANALYSIS

House Bill 1641 amends the Education Code to authorize a graduate or
professional program of a general academic teaching institution or medical
or dental unit (institution) to consider certain prescribed factors
relating to an applicant's background in making an admissions or
scholarship decision for admissions into or competitive scholarships for
the graduate or professional program. 

The bill provides that an applicant's performance on a standardized test
may not be used in the admissions or competitive scholarship process as the
sole criterion for consideration of the applicant or as the primary
criterion to end consideration of the applicant.  If an applicant's
performance is used for such purposes, then the applicant's test score must
be compared with those of other applicants from similar socioeconomic
backgrounds to the extent that those backgrounds can be determined.  The
bill provides that the prohibition and score comparison requirement do not
apply to a standardized test used to measure the English language
proficiency of a student who is a graduate of a foreign institution.  The
bill prohibits an institution from assigning a specific weight to any one
factor being considered in the admissions or competitive scholarship
process for a graduate or professional program. 

The bill requires each institution to publish in the institution's catalog
a description of the factors to be considered by the institution in making
admission and competitive scholarship decisions, and to make the
information available to the public and to applicants for graduate and
professional programs.  For the 2002 fall semester, the required
information must be available not later than December 1, 2001.  For
admissions and competitive scholarship for any following semester, the
required information must be available not later than one year before the
date the applications for admissions and competitive scholarships are first
considered for a graduate or professional program. 

The bill requires the Texas Higher Education Coordinating Board and each
institution to adopt rules or policies relating to the admission of
students and the awarding of scholarships. 


 
EFFECTIVE DATE

June 15, 2001.  The Act applies beginning with the admissions and
competitive scholarships for the 20022003 academic year.