By: Bivins S.B. No. 149 A BILL TO BE ENTITLED AN ACT 1-1 relating to post-tenure evaluation of faculty tenured at certain 1-2 institutions of higher education. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-5 amended by adding Section 51.941 to read as follows: 1-6 Sec. 51.941. POST-TENURE REVIEW. (a) In this section: 1-7 (1) "Governing board" has the meaning assigned by 1-8 Section 61.003. 1-9 (2) "Institution of higher education" means a general 1-10 academic teaching institution, medical and dental unit, or other 1-11 agency of higher education, as those terms are defined by Section 1-12 61.003. 1-13 (b) Each governing board of an institution of higher 1-14 education shall adopt rules and procedures providing for a periodic 1-15 post-tenure evaluation process for all faculty tenured at the 1-16 institution. The governing board shall seek advice and comment 1-17 from the faculty of the institution prior to adopting any rules 1-18 pursuant to this section. 1-19 (c) In addition to any other provisions adopted by the 1-20 governing board, the rules shall include provisions providing that: 1-21 (1) each faculty member tenured at the institution be 1-22 subject to a comprehensive post-tenure evaluation process conducted 1-23 no more often than once every year, but no less often than once 2-1 every six years, after the date the faculty member was granted 2-2 tenure or received an academic promotion at the institution; 2-3 (2) the evaluation be based on the professional 2-4 responsibilities of the faculty member, such as teaching, research, 2-5 service, patient care, and administration, in addition to other 2-6 factors determined by the governing board; 2-7 (3) the process be directed toward the professional 2-8 development of the faculty member, but that the faculty member be 2-9 subject to revocation of tenure or other appropriate disciplinary 2-10 measure if incompetency, unsatisfactory performance, or other good 2-11 cause is determined to be present; 2-12 (4) a faculty member whom a governing board determines 2-13 to be performing at an unsatisfactory level that does not rise to 2-14 the level of good cause shall be allowed a period of time specified 2-15 by the governing board in which to improve performance; and 2-16 (5) the process incorporate recognized due process 2-17 rights, including notice and an opportunity to be heard, before a 2-18 faculty member may be subject to disciplinary action after an 2-19 evaluation conducted pursuant to this section. 2-20 (d) A governing board may not waive the evaluation process 2-21 for any faculty member granted tenure at an institution. 2-22 (e) Each governing board shall file a copy of the rules 2-23 adopted pursuant to this section, and any amendments to such rules, 2-24 with the Texas Higher Education Coordinating Board on or before 2-25 September 1 of each year. 3-1 SECTION 2. The rules adopted by a governing board of an 3-2 institution of higher education pursuant to the provisions of this 3-3 Act shall provide for the post-tenure evaluation not later than 3-4 January 1, 2004, of each faculty member tenured at the institution 3-5 as of the effective date of this Act. 3-6 SECTION 3. This Act takes effect January 1, 1998. 3-7 SECTION 4. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.