By: Leo Wilson H.B. No. 4701 A BILL TO BE ENTITLED AN ACT relating to student discretion to use an alternative assessment instrument as part of their undergraduate admissions process. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.0261(a), Education Code, is amended to read as follows: (a) In addition to the assessment instruments otherwise authorized or required by this subchapter: (1) each school year and at state cost, a school district may administer to students in the spring of the eighth grade an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument for the purpose of diagnosing the academic strengths and deficiencies of students before entrance into high school; (2) each school year and at state cost, a school district may administer to students in the 10th grade an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument for the purpose of measuring a student's progress toward readiness for college and the workplace; and (3) high school students in the spring of the 11th grade or during the 12th grade may select and take once, at state cost: (A) one of the valid, reliable, and nationally norm-referenced assessment instruments used by colleges and universities as part of their undergraduate admissions processes, including the SAT, the ACT, or the Classic Learning Test (CLT); or (B) the assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.334. SECTION 2. Section 51.803(a), Education Code, is amended to read as follows: (a) Subject to Subsection (a-1), each general academic teaching institution shall admit an applicant for admission to the institution as an undergraduate student if the applicant graduated with a grade point average in the top 10 percent of the student's high school graduating class in one of the two school years preceding the academic year for which the applicant is applying for admission and: (1) the applicant: (A) graduated from a public or private high school in this state accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense; or (B) completed a nontraditional secondary education as defined by Section 51.9241; (2) the applicant: (A) successfully completed: (i) at a public high school, the curriculum requirements established under Section 28.025 for the distinguished level of achievement under the foundation high school program; or (ii) at a high school to which Section 28.025 does not apply, a curriculum that is equivalent in content and rigor to the distinguished level of achievement under the foundation high school program; or (B) either: (i) satisfied ACT's College Readiness Benchmarks on the ACT assessment applicable to the applicant; or (ii) earned: (a) on the SAT assessment a score of at least 1,500 out of 2,400 or the equivalent; (b) on the Classic Learning Test assessment a score of at least 71 out of 120 or the equivalent; or (iii) on a college entrance examination designated by the Texas Higher Education Coordinating Board and to which Subparagraphs (i) and (ii) do not apply, achieved a score set by coordinating board rule; and (3) if the applicant graduated from a high school operated by the United States Department of Defense, the applicant is a Texas resident under Section 54.052 or is entitled to pay tuition fees at the rate provided for Texas residents under Section 54.241(d) for the term or semester to which admitted. SECTION 3. Section 51.805(a), Education Code, is amended to read as follows: (a) A graduating student who does not qualify for admission under Section 51.803 or 51.804 may apply to any general academic teaching institution if the student: (1) successfully completed: (A) at a public high school, the curriculum requirements established under Section 28.025 for the foundation high school program; or (B) at a high school to which Section 28.025 does not apply, a curriculum that is equivalent in content and rigor to the foundation high school program; or (2) either: (A) satisfied ACT's College Readiness Benchmarks on the ACT assessment applicable to the applicant; or (B) earned: (i) on the SAT assessment a score of at least 1,500 out of 2,400 or the equivalent; (ii) on the Classic Learning Test assessment a score of at least 71 out of 120 or the equivalent; or (C) on a college entrance examination designated by the Texas Higher Education Coordinating Board and to which Paragraphs (A) and (B) do not apply, achieved a score set by coordinating board rule. SECTION 4. The changes in law made by this Act apply beginning with admissions to a general academic teaching institution for the 2026 fall semester. Admissions to a general academic teaching institution for a term or semester before the 2026 fall semester are governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. SECTION 5. 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, 2025.