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.