1. (a) Each general academic teaching institution as defined by Texas Education Code, §61.003 shall admit first-time freshmen students for each semester in accordance with Texas Education Code, Chapter 51, Subchapter S.

2. (b) All applicants from Texas schools accredited by a generally recognized accrediting agency and who graduate in the top 10% of their high school class shall be admitted to a general academic institution if the student meets the following conditions:

   1. (1) The student graduated from high school within the two years prior to the academic year for which the student is applying, and;
   2. (2) The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline.

3. (c) All applicants from high schools operated by the United States Department of Defense and who graduate in the top ten percent of their high school class shall be admitted to a general academic institution if the student meets the following conditions:

   1. (1) The student graduated from high school within the two years prior to the academic year for which the student is applying;
   2. (2) The student is a Texas resident as defined in Texas Education Code §54.052 or is entitled to pay tuition and fees at the rate provided for Texas residents for the term or semester to which the student is admitted; and
   3. (3) The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline.

4. (d) High school rank for students seeking automatic admission to a general academic teaching institution on the basis of their class rank is determined and reported as follows:

   1. (1) Class rank shall be based on the end of the 11th grade, middle of the 12th grade, or at high school graduation, whichever is most recent at the application deadline.
   2. (2) The top ten percent of a high school class shall not contain more than ten percent of the total class size.
   3. (3) The student's rank shall be reported by the applicant's high school or school district as a specific number out of a specific number total class size.
   4. (4) Class rank shall be determined by the school or school district from which the student graduated or is expected to graduate.

5. (e) A general academic teaching institution may limit the number of students admitted under Texas Education Code, Chapter 51, Subchapter S if the number of applicants eligible and applying for admission to the institution under Texas Education Code, §51.803 exceeds by more than ten percent the average number of first-time freshmen admitted the previous two academic years. The institution may limit the number of students admitted under Texas Education Code, §51.803 if:

   1. (1) At least 97% of first-time freshmen admitted are in the top 10% of their high school class and;

   2. (2) Clear guidelines are established for the selection of students based on one or a specified combination of the following methods:

      1. (A) A lottery in which all students qualified for automatic admission have an equal chance for selection;
      2. (B) Students are selected on a first-come, first-admitted basis following receipt of a complete application; or
      3. (C) At least four or more criteria identified in Texas Education Code §51.805 are used to select students admitted.
6. (f) Each general academic teaching institution shall annually report to the Board the composition of the entering class of first-time freshmen students admitted under Texas Education Code, §§51.803, 51.804, and 51.805. The report shall include a demographic breakdown of the class including race, ethnicity, and economic status. Each general academic teaching institution shall provide this report to the Board annually on or before a date set by the Board and in a manner prescribed in the "Instructions for Completing Texas Educational Opportunity (TXP)" form.

Source Note:The provisions of this §5.9 adopted to be effective December 2, 1997, 22 TexReg 11670; amended to be effective February 23, 2000, 25 TexReg 1364.