75R13094 CAG-D                          

         By Bivins                                              S.B. No. 149

         Substitute the following for S.B. No. 149:

         By Cuellar                                         C.S.S.B. No. 149

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to performance 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 Z, Chapter 51, Education Code, is

 1-6     amended by adding Section 51.942 to read as follows:

 1-7           Sec. 51.942.  PERFORMANCE EVALUATION OF TENURED FACULTY.  (a)

 1-8     In this section:

 1-9                 (1)  "Governing board" has the meaning assigned by

1-10     Section 61.003.

1-11                 (2)  "Institution of higher education" means a general

1-12     academic teaching institution, medical and dental unit, or other

1-13     agency of higher education, as those terms are defined by Section

1-14     61.003.

1-15           (b)  Each governing board of an institution of higher

1-16     education shall adopt rules and procedures providing for a periodic

1-17     performance evaluation process for all faculty tenured at the

1-18     institution.  The governing board may design its rules and

1-19     procedures to fit the institution's particular educational mission,

1-20     traditions, resources, and circumstances relevant to its character,

1-21     role and scope, in addition to other relevant factors determined by

1-22     the governing board in the rules adopted pursuant to this section.

1-23     The governing board shall seek advice and comment from the faculty

1-24     of the institution before adopting any rules pursuant to this

 2-1     section.  The advice and comment from the faculty on the

 2-2     performance evaluation of tenured faculty shall be given the utmost

 2-3     consideration by the governing board.

 2-4           (c)  In addition to any other provisions adopted by the

 2-5     governing board, the rules shall include provisions providing that:

 2-6                 (1)  each faculty member tenured at the institution be

 2-7     subject to a comprehensive performance evaluation process conducted

 2-8     no more often than once every year, but no less often than once

 2-9     every six years, after the date the faculty member was granted

2-10     tenure or received an academic promotion at the institution;

2-11                 (2)  the evaluation be based on the professional

2-12     responsibilities of the faculty member, in teaching, research,

2-13     service, patient care, and administration, as published by the

2-14     governing board as a part of the rules adopted pursuant to this

2-15     section and conducted according to commonly accepted academic

2-16     procedures, including timely notice of the scope and manner of the

2-17     evaluation and the opportunity to provide documentation and to be

2-18     subject to review by faculty peers selected in a manner designed to

2-19     maximize objectivity and relevance;

2-20                 (3)  the process be directed toward the professional

2-21     development of the faculty member;

2-22                 (4)  the process incorporate commonly recognized

2-23     academic due process rights, including notice and an opportunity to

2-24     be heard, before a faculty member may be subject to disciplinary

2-25     action on the basis of an evaluation conducted pursuant to this

2-26     section; and

2-27                 (5)  a faculty member may not be subject to revocation

 3-1     of tenure or another appropriate disciplinary measure unless

 3-2     professional incompetency or other good cause is determined to be

 3-3     present.

 3-4           (d)  A governing board shall implement procedures that allow

 3-5     a faculty member subject to termination on such basis the

 3-6     opportunity for referral of the matter to a nonbinding alternative

 3-7     dispute resolution process as stated in Section 154.001, Civil

 3-8     Practice and Remedies Code.  If both parties agree, another type of

 3-9     alternative dispute resolution method may be elected.  All

3-10     proceedings for termination of tenured faculty on the basis of an

3-11     evaluation conducted pursuant to this section shall be only for

3-12     good cause and must be conducted in accordance with institutional

3-13     policy incorporating recognized academic due process rights,

3-14     including a list of specific charges and an opportunity for a

3-15     hearing before presentation to the governing board for final

3-16     decision.  The governing board will provide written findings of

3-17     fact and conclusions of law to support any decision to terminate a

3-18     faculty member on the basis of evaluation pursuant to this section.

3-19     Any individual who is acceptable to the parties may serve as a

3-20     mediator, as long as that individual satisfies the minimum

3-21     standards and duties established in Section 154.052, Civil Practice

3-22     and Remedies Code.

3-23           (e)  A governing board may not waive the evaluation process

3-24     for any faculty member granted tenure at an institution.

3-25           (f)  Each governing board shall file a copy of the rules

3-26     adopted pursuant to this section, and any amendments to such rules,

3-27     with the Texas Higher Education Coordinating Board on or before

 4-1     September 1 of each year.

 4-2           SECTION 2.  The rules adopted by a governing board of an

 4-3     institution of higher education pursuant to the provisions of this

 4-4     Act shall provide for the post-tenure evaluation not later than

 4-5     January 1, 2004, of each faculty member tenured at the institution

 4-6     as of the effective date of this Act.

 4-7           SECTION 3.  This Act takes effect January 1, 1998.

 4-8           SECTION 4.  The importance of this legislation and the

 4-9     crowded condition of the calendars in both houses create an

4-10     emergency and an imperative public necessity that the

4-11     constitutional rule requiring bills to be read on three several

4-12     days in each house be suspended, and this rule is hereby suspended.