HBA-JLV H.B. 954 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 954 By: Burnam Higher Education 2/27/2001 Introduced BACKGROUND AND PURPOSE Prior to 1996, Texas institutions of higher education could use race or ethnicity as a factor when making admissions decisions. The Hopwood decision handed down by the 5th U.S. Circuit Court of Appeals in 1996 affirmed a lower court decision that race cannot be considered in graduate school admissions. In 1997, Texas Attorney General Dan Morales broadened the application of the ruling to include undergraduate admissions. Although Hopwood prohibits the use of race in the admissions process, it does not address the use of certain other non-academic criteria such as the applicant's relationship to alumni or university donors. This may raise concerns about a sense of fairness in the admissions process of an institution of higher education. House Bill 954 prohibits Texas institutions of higher education from considering an applicant's relationship to alumni or university donors when making admission decisions. 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. ANALYSIS House Bill 954 amends the Education Code to prohibit an institution of higher education, in making a decision relating to the admission of an applicant to the institution or to a college, school, or degree program, to consider whether the applicant is related by consanguinity or affinity to another person who attends or has attended the institution, or whether the applicant has made a donation or is related to another person who has made a donation to the institution. The bill requires each institution of higher education to adopt and implement policies to inform persons acting on its behalf in the admissions process of these provisions. EFFECTIVE DATE September 1, 2001. The Act applies beginning with admissions for the fall semester 2002.