This official State of Texas site shows the complete text of the law for Academic Fresh Start.
Sec. 51.931. RIGHT TO AN ACADEMIC FRESH START. (a) This section applies to any public institution of higher education as defined in Section
61.003 of this code.
(b) Unless otherwise prohibited by law, a resident of this state is entitled to apply for admission to and enroll as an undergraduate student in any public institution of higher education under this section.
(c) If an applicant elects to seek admission under this section, a public institution of higher education, in considering the applicant for admission, shall not consider academic course credits or grades earned by the applicant 10 or more years prior to the starting date of the semester in which the applicant seeks to enroll. An applicant who makes the election to apply under this section and is admitted as a student may not receive any course credit for courses undertaken 10 or more years prior to enrollment under this section.
(d) If a student who enrolls under this section completes a prescribed course of study, earns a baccalaureate degree, and applies for admission to a postgraduate or professional program offered by a public institution of higher education, the institution, in considering the applicant for admission into the postgraduate or professional program, shall consider only the grade point average of the applicant established by the course work completed after enrollment under this section, along with any other criteria the institution uses in evaluating applicants for admission into the postgraduate or professional program.
(e) Nothing in this section prohibits a public institution of higher education from applying standard admissions criteria generally applicable to persons seeking admission to the institution.
Added by Acts 1993, 73rd Leg., ch. 724, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 51.929 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(7), eff. Sept. 1, 1995.
Sections (c) and (d) are points of contention. Notice that section (c) does not mention obtaining a baccalaureate degree (an associate's degree is not a baccalaureate degree) and section (d) does. Section (c) mentions 10 years. Section (d) does not. Look at the sequence of conditions in section (d):
1. enrolls under this section [invokes AFS]
2. completes a prescribed course of study
3. earns a baccalaureate degree
4. applies for admission to a postgraduate or professional degree
It could be argued that with all four conditions satisfied, section (d) does indeed state "shall consider only the grade point average of the applicant established by the course work completed after enrollment under this section" which is different from what section (c) states.
Those arguing for section (c) haven't obtained a bachelor's degree after invoking AFS.
As previously posted, how a question is posed to TMDSAS is very important.