By Rodriguez                                    H.B. No. 1343

      75R3647 JSA-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the evaluation of tenured faculty at certain

 1-3     institutions of higher education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 61, Education Code, is

 1-6     amended by adding Section 61.0571 to read as follows:

 1-7           Sec. 61.0571.  STUDY OF POST-TENURE EVALUATION PRACTICES;

 1-8     MORATORIUM ON NEW POLICIES.  (a)  The board shall conduct a study

 1-9     of the current evaluation practices of tenured faculty members by

1-10     institutions of higher education covered by this section.  The

1-11     study must include an examination of:

1-12                 (1)  the current evaluation practices of tenured

1-13     faculty members by those institutions, including written or other

1-14     formal policies and procedures;

1-15                 (2)  current policies and procedures for remedial

1-16     action applicable to tenured faculty members whose performance is

1-17     determined to be below applicable standards;

1-18                 (3)  current procedures and policies for the

1-19     termination of tenured faculty members for cause; and

1-20                 (4)  the potential effects of implementation of

1-21     policies for the periodic evaluation of tenured faculty members on

1-22     the ability of institutions of higher education to recruit and

1-23     retain faculty of the highest quality.

1-24           (b)  The board shall complete its study not later than

 2-1     January 1, 1998, and shall promptly deliver the results of the

 2-2     study, together with any related recommendations the board

 2-3     considers appropriate, to the chair of the standing committee of

 2-4     each house of the legislature with primary jurisdiction over public

 2-5     institutions of higher education.

 2-6           (c)  The governing board of an institution of higher

 2-7     education to which this section applies may not implement a policy

 2-8     for the periodic evaluation of tenured faculty members at the

 2-9     institution before September 1, 1999.  This subsection does not

2-10     prohibit an institution from continuing to enforce a policy in

2-11     effect before January 1, 1997.

2-12           (d)  This section applies only to a general academic teaching

2-13     institution or medical and dental unit.

2-14           (e)  This section expires January 1, 1999.

2-15           SECTION 2.  Subchapter Z, Chapter 51, Education Code, is

2-16     amended by adding Section 51.9085 to read as follows:

2-17           Sec. 51.9085.  PERIODIC EVALUATION OF TENURED FACULTY.  The

2-18     governing board of a general academic teaching institution or

2-19     medical and dental unit, as those terms are defined by Section

2-20     61.003, may not apply a procedure for the periodic evaluation  of

2-21     tenured faculty members at the institution or unit to a faculty

2-22     member who is awarded tenure before September 1, 2002.

2-23           SECTION 3.  This Act takes effect September 1, 1997.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.