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. 1-57 * * * * *