HBA-KMH, JTI H.B. 546 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 546
By: Maxey
Higher Education
1/13/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, all students are required to submit standardized test scores to
admissions officers for admission to Texas institutions of higher
education.  It has been shown that deaf persons score lower on the verbal
sections of the Graduate Record Examination (GRE) & Scholastic Aptitude
Test (SAT).  H.B. 546 prohibits Texas institutions of higher education from
requiring applicants for scholarship or financial aid who have medical
proof of certain disabilities to submit standardized test scores. 

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 51.9241, as follows: 

Sec. 51.9241.  USE OF STANDARDIZED TEST SCORES IN ADMISSIONS OF APPLICANTS
WITH DISABILITIES.  Prohibits Texas  institutions of higher  education from
requiring  an applicant for  admission to submit standardized test scores
if the applicant is defined as disabled in Section 121.002, Human Resources
Code, and submits a signed statement from a  licensed health care provider
stating that the disability is likely to interfere with the applicant's
test performance.  Section 121.002, Human Resources Code, defines a person
with a disability as a person who has a mental or physical disability,
including mental retardation, impairment deafness, speech impairment,
visual impairment, or any health impairment that requires special
ambulatory devices or services. Establishes that a health care provider can
be disciplined by the appropriate licensing agency for signing a false or
misleading statement or for failing to verify the accuracy of the
statement.   

SECTION 2.  Amends Subchapter A, Chapter 56, Education Code, by adding
Section 56.004, as follows: 

Sec. 56.004.  USE OF STANDARDIZED TEST RESULTS IN FINANCIAL AID
DETERMINATIONS OF APPLICANTS WITH DISABILITIES.  Prohibits Texas
institutions of higher  education, the Texas Higher Education Coordinating
Board, or their agents from requiring an applicant for a scholarship or
financial aid to submit standardized test scores if the applicant is
defined as disabled in Section 121.002, Human Resources Code, and submits a
signed statement from a  licensed health care provider  stating that the
disability is likely to interfere with the applicant's test performance.
Establishes that a health care provider can be disciplined by the
appropriate licensing agency for signing a false or misleading statement or
for failing to verify the accuracy of the statement.       

SECTION 3.  Makes application of this Act prospective beginning with
admissions or awards of financial aid for the 2000 fall semester. 

SECTION 4.  Emergency clause.
            Effective date: 90 days after adjournment.