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.