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.