By Madla S.B. No. 724 75R3647 JSA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the 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 C, Chapter 61, Education Code, is 1-6 amended by adding Section 61.0571 to read as follows: 1-7 Sec. 61.0571. STUDY OF POST-TENURE EVALUATION PRACTICES; 1-8 MORATORIUM ON NEW POLICIES. (a) The board shall conduct a study 1-9 of the current evaluation practices of tenured faculty members by 1-10 institutions of higher education covered by this section. The 1-11 study must include an examination of: 1-12 (1) the current evaluation practices of tenured 1-13 faculty members by those institutions, including written or other 1-14 formal policies and procedures; 1-15 (2) current policies and procedures for remedial 1-16 action applicable to tenured faculty members whose performance is 1-17 determined to be below applicable standards; 1-18 (3) current procedures and policies for the 1-19 termination of tenured faculty members for cause; and 1-20 (4) the potential effects of implementation of 1-21 policies for the periodic evaluation of tenured faculty members on 1-22 the ability of institutions of higher education to recruit and 1-23 retain faculty of the highest quality. 1-24 (b) The board shall complete its study not later than 2-1 January 1, 1998, and shall promptly deliver the results of the 2-2 study, together with any related recommendations the board 2-3 considers appropriate, to the chair of the standing committee of 2-4 each house of the legislature with primary jurisdiction over public 2-5 institutions of higher education. 2-6 (c) The governing board of an institution of higher 2-7 education to which this section applies may not implement a policy 2-8 for the periodic evaluation of tenured faculty members at the 2-9 institution before September 1, 1999. This subsection does not 2-10 prohibit an institution from continuing to enforce a policy in 2-11 effect before January 1, 1997. 2-12 (d) This section applies only to a general academic teaching 2-13 institution or medical and dental unit. 2-14 (e) This section expires January 1, 1999. 2-15 SECTION 2. Subchapter Z, Chapter 51, Education Code, is 2-16 amended by adding Section 51.9085 to read as follows: 2-17 Sec. 51.9085. PERIODIC EVALUATION OF TENURED FACULTY. The 2-18 governing board of a general academic teaching institution or 2-19 medical and dental unit, as those terms are defined by Section 2-20 61.003, may not apply a procedure for the periodic evaluation of 2-21 tenured faculty members at the institution or unit to a faculty 2-22 member who is awarded tenure before September 1, 2002. 2-23 SECTION 3. This Act takes effect September 1, 1997. 2-24 SECTION 4. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.