1-1           By:  Bivins                                      S.B. No. 149

 1-2           (In the Senate - Filed December 17, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Education;

 1-4     February 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 1;

 1-6     February 10, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 149                   By:  Bivins

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to post-tenure evaluation of faculty tenured at certain

1-11     institutions of higher education.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is

1-14     amended by adding Section 51.941 to read as follows:

1-15           Sec. 51.941.  POST-TENURE REVIEW.  (a)  In this section:

1-16                 (1)  "Governing board" has the meaning assigned by

1-17     Section 61.003.

1-18                 (2)  "Institution of higher education" means a general

1-19     academic teaching institution, medical and dental unit, or other

1-20     agency of higher education, as those terms are defined by Section

1-21     61.003.

1-22           (b)  Each governing board of an institution of higher

1-23     education shall adopt rules providing for a periodic post-tenure

1-24     evaluation process for all faculty tenured at the institution.

1-25           (c)  In addition to any other provisions adopted by the

1-26     governing board, the rules shall include provisions providing that:

1-27                 (1)  each faculty member tenured at the institution be

1-28     subject to a comprehensive post-tenure evaluation process at least

1-29     every six years after the date the faculty member was granted

1-30     tenure or received an academic promotion at the institution;

1-31                 (2)  the evaluation be based on the professional

1-32     responsibilities of the faculty member, such as teaching, research,

1-33     service, patient care, and administration, in addition to other

1-34     factors determined by the governing board; and

1-35                 (3)  the process be directed toward the professional

1-36     development of the faculty member, but that the faculty member be

1-37     subject to revocation of tenure or other appropriate disciplinary

1-38     measure if incompetency, unsatisfactory performance, or other good

1-39     cause is determined to be present.

1-40           (d)  A governing board may not waive the evaluation process

1-41     for any faculty member granted tenure at an institution.

1-42           (e)  Each governing board shall file a copy of the rules

1-43     adopted pursuant to this section, and any amendments to such rules,

1-44     with the Texas Higher Education Coordinating Board on or before

1-45     September 1 of each year.

1-46           SECTION 2.  The rules adopted by a governing board of an

1-47     institution of higher education pursuant to the provisions of this

1-48     Act shall provide for the post-tenure evaluation not later than

1-49     January 1, 2004, of each faculty member tenured at the institution

1-50     as of the effective date of this Act.

1-51           SECTION 3.  This Act takes effect January 1, 1998.

1-52           SECTION 4.  The importance of this legislation and the

1-53     crowded condition of the calendars in both houses create an

1-54     emergency and an imperative public necessity that the

1-55     constitutional rule requiring bills to be read on three several

1-56     days in each house be suspended, and this rule is hereby suspended.

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