HBA-MPM S.B. 1356 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1356
By: Barrientos
Higher Education
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

According to demographic research, certain statewide minority population
percentages are not being reflected in the student population of the
state's graduate and professional schools.  S.B. 1356 requires a general
academic teaching institution or medical or dental unit to consider any,
all, or a combination of specified factors, in addition to any
institutional, unit, professional, or accreditation factors when making an
admissions or scholarship decision for admissions into or competitive
scholarships for a graduate or professional program.  Furthermore, it
prohibits a potential student's performance on a standardized test to be
used as the sole criterion for considering the applicant.  This bill also
requires each institution to publish certain information regarding
admissions and competitive scholarship decisions and to make this
information available to the public. 

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) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 51, Education Code, by adding Subchapter V, as
follows: 

SUBCHAPTER V.  ADMISSION AND SCHOLARSHIP POLICIES 
FOR GRADUATE AND PROFESSIONAL PROGRAMS

Sec. 51.821.  DEFINITIONS.  Defines for the purposes of this subchapter the
following terms:  "general academic teaching institution," "medical and
dental unit," "graduate program," and "professional program." 

Sec. 51.822.  ADMISSION AND SCHOLARSHIP FACTORS FOR GRADUATE AND
PROFESSIONAL PROGRAMS.  (a) Requires a general academic teaching
institution or medical or dental unit (institution) to consider any, all,
or a combination of factors specified in this subsection, in addition to
any institutional, unit, professional, or accreditation factors when making
an admissions or scholarship decision for admissions into or competitive
scholarships for a graduate or professional program(program).   

(b)  Prohibits an applicant's performance on a standardized test from being
used in the admissions or competitive scholarship process as the sole
criterion for consideration of the applicant. 

(c)   Requires each institution to publish a description of the factors to
be considered in making admissions and competitive scholarship decisions no
later than one year before the date that applications for admissions and
scholarships are first considered for a related program under this
subchapter.  Requires the institution or unit to make the information
available to the public. 

(d)  Makes the requirements of Subsection (c) inapplicable to admissions
and competitive scholarships for the 2000 fall semester.  Requires each
institution or unit covered by  Subsection (c) to make the required
information available to the public and applicants to its programs no later
than December 1, 1999, for the fall 2000 semester.  Provides that this
subsection expires September 1, 2000. 

Sec. 51.823. RULEMAKING.  Authorizes the Texas Higher Education
Coordinating Board (board) to adopt rules relating to the operation of
admissions and competitive scholarship processes under this subchapter. 

Sec. 51.824.  REPORT.  Requires each institution to report annually to the
board the demographic composition of the entering class of students
admitted and enrolled under this subchapter, according to race, ethnicity,
and gender. 

SECTION 2.  (a)  Makes change in law made by this Act applicable beginning
with admissions and competitive scholarships for the 2000-2001 academic
year.  Requires the board and each institution to adopt rules or policies
relating to the admission of students and awarding of scholarships under
Subchapter V, Chapter 51, Education, as added by this Act, no later than
January 1, 2000. 

SECTION 3.Emergency clause.
  Effective date: upon passage.