82R2522 JRJ-D
By: Fletcher H.B. No. 1212
A BILL TO BE ENTITLED
AN ACT
relating to the collection and use of certain applicant information
by public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.762(i), Education Code, is amended to
read as follows:
(i) In addition to other information considered appropriate
by the board, the board by rule shall require each institution to
collect information regarding gender, citizenship or immigration
status [ethnicity], and date of birth as part of the application
process and report this information to the board.
SECTION 2. Section 51.805(c), Education Code, is amended to
read as follows:
(c) Except as provided by Section 51.8051, a [A] general
academic teaching institution may review other factors in making an
admissions decision.
SECTION 3. Subchapter U, Chapter 51, Education Code, is
amended by adding Section 51.8051 to read as follows:
Sec. 51.8051. CONSIDERATION OF RACE AND ETHNICITY
PROHIBITED. An institution of higher education, as defined by
Section 61.003, may not consider an applicant's race or ethnicity
in determining admissions to the institution or to any certificate
or degree program, including a graduate, postgraduate, or
professional degree program.
SECTION 4. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9243 to read as follows:
Sec. 51.9243. PROHIBITION ON COLLECTION OF INFORMATION
REGARDING RACE, ETHNICITY, OR RELIGION OF APPLICANTS. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003.
(b) An institution of higher education may not request,
collect, or maintain information, including a photograph, that
indicates the race, ethnicity, or religion of an applicant for
admission to the institution or to a certificate or degree program,
including a graduate, postgraduate, or professional degree
program, at the institution.
(c) If the collection of information indicating the race,
ethnicity, or religion of an applicant for admission to an
institution of higher education is required by federal law, the
institution may designate an employee or office of the institution
to collect the required information. The employee or office may not
be associated with the admissions office of the institution. The
employee or office may not disclose or provide the collected
information to any person other than a person required to receive
the information by federal law. When all requirements under
federal law for maintaining the information or providing the
information to another person have been satisfied, the institution
shall immediately destroy all copies of the collected information
and may not give or otherwise distribute the information to any
other person, including any employee or officer of the institution.
(d) Information indicating the race, ethnicity, or religion
of an applicant for admission to an institution of higher education
or to a certificate or degree program at the institution that was
received, requested, or collected for admission before the
2012-2013 academic year may not be used by the institution for
admission purposes after that academic year. When all requirements
under federal law for maintaining the information or providing the
information to another person have been satisfied, the institution
shall immediately destroy all copies of the information.
(e) This section does not prohibit the request for or
receipt, collection, or retention of information relating to race,
ethnicity, or religion:
(1) for bona fide research, if the information does
not identify a person as an applicant for admission to an
institution of higher education; or
(2) of students enrolled in an institution of higher
education.
SECTION 5. The changes in law made by this Act apply
beginning with admissions and admission applications at public
institutions of higher education for the 2012-2013 academic year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.