By: Bivins S.B. No. 149 97S0075/1 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 providing for a periodic post-tenure 1-15 evaluation process for all faculty tenured at the institution. 1-16 (c) In addition to any other provisions adopted by the 1-17 governing board, the rules shall include provisions providing that: 1-18 (1) each faculty member tenured at the institution be 1-19 subject to a comprehensive post-tenure evaluation process at least 1-20 every six years after the date that the faculty member was granted 1-21 tenure at the institution; 1-22 (2) the evaluation be based on factors determined by 1-23 the governing board, including but not limited to the teaching, 2-1 research, service, and, where appropriate, patient care of the 2-2 faculty member; and 2-3 (3) below-standard evaluations of a faculty member may 2-4 provide cause for revocation of the tenure of the faculty member. 2-5 (d) A governing board may not waive the evaluation process 2-6 for any faculty member granted tenure at an institution. 2-7 (e) Each governing board shall file a copy of the rules 2-8 adopted pursuant to this section, and any amendments to such rules, 2-9 with the Texas Higher Education Coordinating Board on or before 2-10 September 1 of each year. 2-11 SECTION 2. The rules adopted by a governing board of an 2-12 institution of higher education pursuant to the provisions of this 2-13 Act shall provide for the post-tenure evaluation of each faculty 2-14 member tenured at the institution as of the effective date of this 2-15 Act by January 1, 2004. 2-16 SECTION 3. This Act takes effect January 1, 1998. 2-17 SECTION 4. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.