HBA-DMD H.B. 198 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 198 By: Burnam Higher Education 2/22/1999 Introduced BACKGROUND AND PURPOSE In 1996, more than 48 percent of Texas high school students were African American or Hispanic, but these groups comprised only 34 percent of Texas undergraduates and 21 percent of university degrees. The Hopwood decision handed down by the 5th U.S. Circuit Court of Appeals in 1996 affirmed the lower court decision that race cannot be considered in graduate school admissions. A relationship to alumni or university donors may still be considered, however, which raises class and race issues related to providing access to higher education. H.B. 198 prohibits Texas institutions of higher education from considering an applicant's relationship to alumni or university donors. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9246, as follows: Sec. 51.9246. CONSIDERATION OF CERTAIN MATTERS IN ADMISSIONS. (a) Prohibits an institution of higher education, when considering an applicant for admission to the institution, including a graduate or professional school, from considering an applicant's relationship by consanguinity or affinity to a current or former student or whether the applicant or anyone related to the applicant by consanguinity or affinity has made a donation to the institution. (b) Requires each institution of higher education to adopt and implement policies informing persons acting on its behalf of the requirements in this section. (c) Provides that the term "institution of higher education" has the meaning assigned by Section 61.003, Education Code, referring to any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education. SECTION 2. Effective date: September 1, 1999. Applies to admissions for academic years beginning with the academic year that begins in the fall 2000 semester. SECTION 3. Emergency clause.