By Bailey H.B. No. 2269 77R6530 QS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of faculty members at public institutions of 1-3 higher education to receive notice of and be represented in certain 1-4 personnel meetings. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-7 amended by adding Section 51.961 to read as follows: 1-8 Sec. 51.961. RIGHT OF FACULTY MEMBER TO REPRESENTATION IN 1-9 PERSONNEL MEETINGS. (a) In this section: 1-10 (1) "Faculty member" has the meaning assigned by 1-11 Section 51.960. 1-12 (2) "Institution of higher education" has the meaning 1-13 assigned by Section 61.003. 1-14 (3) "Supervisor" means an employee of an institution 1-15 of higher education who exercises supervisory responsibilities over 1-16 a faculty member. The term includes a president, vice president, 1-17 chancellor, vice chancellor, provost, associate or assistant 1-18 provost, dean, associate or assistant dean, department chair, or 1-19 department head. 1-20 (4) "Personnel action" means an action that affects a 1-21 faculty member's compensation, promotion, demotion, transfer, work 1-22 assignment, or performance evaluation. 1-23 (b) A faculty member employed by an institution of higher 1-24 education has the right to be represented in a meeting with a 2-1 supervisor or person designated by a supervisor that relates to the 2-2 faculty member's job performance and that may result in an adverse 2-3 personnel action or a recommendation related to an adverse 2-4 personnel action, including termination, nonrenewal, suspension, 2-5 demotion, or a reprimand. The right to representation under this 2-6 section applies to any meeting whose purpose is partially or wholly 2-7 investigatory, regardless of whether the faculty member is the 2-8 subject of the investigation. 2-9 (c) A faculty member may select a person to serve as the 2-10 faculty member's representative. The representative may be a 2-11 person who is a member of a labor organization that does not claim 2-12 the right to strike. 2-13 (d) A supervisor or person designated by a supervisor shall 2-14 notify in writing a faculty member who is directed to attend a 2-15 meeting that may result in an adverse personnel action or a 2-16 recommendation related to an adverse personnel action. The faculty 2-17 member must receive the notice not later than the fourth day before 2-18 the date of the meeting. The notice must state: 2-19 (1) the time and place of the meeting; 2-20 (2) the specific purpose of the meeting, including the 2-21 nature of any charges that may be brought against the faculty 2-22 member at the meeting and the nature of any investigation that may 2-23 be conducted; and 2-24 (3) the name and title of the supervisors, or persons 2-25 designated by the supervisors, expected to attend the meeting. 2-26 (e) In a meeting to which this section applies, the faculty 2-27 member's representative has the right: 3-1 (1) to counsel the faculty member; 3-2 (2) to take notes; 3-3 (3) to make an audio recording of the meeting; and 3-4 (4) to engage in any other activity agreed to by the 3-5 supervisor or other person conducting the meeting. 3-6 (f) The right to representation under this section does not 3-7 extend to a routine meeting between a supervisor and a faculty 3-8 member that has no reasonably foreseeable possibility of resulting 3-9 in an adverse personnel action. 3-10 (g) Notwithstanding Subsection (f), a faculty member has the 3-11 right to receive notice of and be represented in a meeting that 3-12 relates in any way to the faculty member's state or federal 3-13 employment rights, regardless of whether a supervisor is present. 3-14 (h) Nothing in this section impairs the right of a faculty 3-15 member to present a grievance under Section 51.960 or other law. 3-16 SECTION 2. This Act takes effect September 1, 2001.