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.