HBA-MPA H.B. 364 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 364 By: Ehrhardt Public Education 2/25/1999 Introduced BACKGROUND AND PURPOSE Currently, neither the Texas Constitution nor the Education Code prohibits discrimination against students in programs or activities offered by public educational institutions. Section 1.002 (Equal Educational Services or Opportunities), Education Code, provides that educational institutions may not deny services to special needs populations, and guarantees equal opportunity to all individuals within its jurisdiction. It does not, however, specifically prohibit discrimination. H.B. 364 prohibits discrimination by any public educational institution or any employee of the institution against students because of ethnicity, color, gender, sexual orientation, religion, or national origin. 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 Chapter 1, Education Code, by adding Section 1.0021, as follows: Sec. 1.0021. DISCRIMINATION PROHIBITED. Prohibits a public educational institution or its employee from discriminating against a student enrolled in the institution on account of ethnicity, color, gender, sexual orientation, religion, or national origin. SECTION 2.Emergency clause. Effective date: upon passage.