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A BILL TO BE ENTITLED
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AN ACT
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relating to the tenure and employment of faculty members at certain |
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public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 51.942, Education Code, |
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is amended to read as follows: |
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Sec. 51.942. [PERFORMANCE EVALUATION OF TENURED] FACULTY |
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TENURE. |
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SECTION 2. Section 51.942(a), Education Code, is amended by |
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amending Subdivision (1) and adding Subdivision (4) to read as |
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follows: |
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(1) "Governing board" and "university system" have the |
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meanings [has the meaning] assigned by Section 61.003. |
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(4) "Tenure" means the entitlement of a faculty member |
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of an institution of higher education to continue in the faculty |
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member's academic position unless dismissed by the institution for |
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good cause in accordance with the policies and procedures adopted |
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by the institution under Subsection (c-1). |
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SECTION 3. Section 51.942, Education Code, is amended by |
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amending Subsections (b), (c), and (g) and adding Subsections |
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(c-1), (c-2), (c-3), and (c-4) to read as follows: |
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(b) Only an institution of higher education's governing |
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board, on the recommendation of the institution's chief executive |
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officer and the university system's chancellor, if applicable, may |
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grant tenure. |
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(c) The granting of tenure may not be construed to create a |
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property interest in any attribute of a faculty position beyond a |
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faculty member's regular annual salary. |
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(c-1) Each governing board of an institution of higher |
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education shall adopt policies [rules] and procedures regarding |
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tenure. The policies and procedures must: |
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(1) address the granting of tenure; |
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(2) allow for the dismissal of a tenured faculty |
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member at any time after providing the faculty member with |
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appropriate due process, on a determination that: |
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(A) the faculty member has: |
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(i) exhibited professional incompetence; |
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(ii) continually or repeatedly failed to |
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perform duties or meet professional responsibilities of the faculty |
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member's position; |
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(iii) failed to successfully complete any |
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post-tenure review professional development program; |
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(iv) engaged in conduct involving moral |
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turpitude that adversely affects the institution or the faculty |
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member's performance of duties or meeting of responsibilities; |
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(v) violated laws or university system or |
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institution policies substantially related to the performance of |
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the faculty member's duties; |
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(vi) been convicted of a crime affecting |
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the fitness of the faculty member to engage in teaching, research, |
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service, outreach, or administration; |
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(vii) engaged in unprofessional conduct |
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that adversely affects the institution or the faculty member's |
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performance of duties or meeting of responsibilities; or |
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(viii) falsified the faculty member's |
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academic credentials; |
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(B) there is actual financial exigency or the |
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phasing out of the institution's programs requiring elimination of |
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the faculty member's position; or |
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(C) there is other good cause as defined in the |
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institution's policies; and |
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(3) provide [providing] for a periodic performance |
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evaluation process for all tenured faculty [tenured] at the |
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institution. |
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(c-2) The governing board may design its policies [rules] |
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and procedures to fit the institution's particular educational |
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mission, traditions, resources, and circumstances relevant to the |
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institution's [its] character, role, and scope, in addition to |
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other relevant factors determined by the governing board in the |
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policies and procedures [rules] adopted under [pursuant to] this |
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section. The governing board shall seek advice and comment from the |
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institution's faculty [of the institution] before adopting any |
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policies and procedures under [rules pursuant to] this section. |
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The advice and comment from the faculty on the performance |
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evaluation of tenured faculty shall be given the utmost |
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consideration by the governing board. |
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(c-3) [(c)] In addition to any other provisions adopted by |
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the governing board, the policies and procedures adopted by the |
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governing board under Subsection (c-1) must [rules shall] include |
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provisions providing that: |
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(1) each tenured faculty member [tenured] at the |
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institution be subject to a comprehensive performance evaluation |
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process conducted no more often than once every year, but no less |
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often than once every six years, after the date the faculty member |
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was granted tenure or received an academic promotion at the |
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institution; |
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(2) the comprehensive performance evaluation be based |
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on the professional responsibilities of the faculty member, in |
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teaching, research, service, patient care, and administration, and |
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include peer review of the faculty member; |
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(3) the comprehensive performance evaluation process |
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be directed toward the professional development of the faculty |
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member; |
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(4) the comprehensive performance evaluation process |
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incorporate commonly recognized academic due process rights, |
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including notice of the manner and scope of the comprehensive |
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performance evaluation, the opportunity to provide documentation |
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during the comprehensive performance evaluation process, and, |
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before a faculty member may be subject to disciplinary action on the |
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basis of a comprehensive performance [an] evaluation conducted |
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under [pursuant to] this subsection [section], notice of specific |
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charges and an opportunity for hearing on those charges; [and] |
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(5) a faculty member be subject to revocation of |
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tenure or other appropriate disciplinary action if, during the |
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comprehensive performance evaluation, incompetency, neglect of |
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duty, or other good cause is determined to be present; and |
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(6) for a faculty member who receives an |
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unsatisfactory rating in any area of any evaluation conducted under |
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this section, the evaluation process provide for a short-term |
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development plan that includes performance benchmarks for |
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returning to satisfactory performance. |
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(c-4) The policies and procedures adopted by the governing |
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board under Subsection (c-1) may include provisions that authorize |
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the summary dismissal of a tenured faculty member based on a finding |
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that the faculty member committed serious misconduct, as defined by |
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the institution's policies, at any time after providing the faculty |
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member with appropriate due process in accordance with this |
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subsection. The policies and procedures for summary dismissal must |
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ensure that the institution provides the faculty member with |
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appropriate due process, including: |
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(1) before summarily dismissing the faculty member, |
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providing the faculty member: |
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(A) written notice of the allegations against the |
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faculty member together with an explanation of the evidence |
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supporting dismissal; and |
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(B) an opportunity for the faculty member to |
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respond to the allegations in a hearing with a designated |
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administrator; |
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(2) requiring the designated administrator to |
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consider the faculty member's response under Subdivision (1)(B) and |
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make a written determination of whether the institution will |
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proceed with the summary dismissal of the faculty member; |
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(3) promptly providing to the faculty member a copy of |
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the designated administrator's written determination under |
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Subdivision (2) that: |
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(A) clearly indicates whether the faculty member |
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will be subject to summary dismissal; and |
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(B) either: |
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(i) includes the effective date of the |
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dismissal and information regarding the faculty member's |
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opportunity for a post-dismissal appeal, if the designated |
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administrator's decision is in favor of summary dismissal; or |
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(ii) states that the faculty member is not |
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subject to summary dismissal, if the designated administrator's |
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decision is against summary dismissal; and |
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(4) following a designated administrator's written |
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determination to summarily dismiss a faculty member, providing the |
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faculty member with the opportunity for a post-dismissal appeal in |
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accordance with the institution's policies and procedures. |
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(g) Each governing board shall file a copy of the policies |
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and procedures [rules] adopted under [pursuant to] this section, |
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and any amendments to such polices and procedures [rules], with the |
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coordinating board on or before September 1 of each year. |
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SECTION 4. Section 51.942(d), Education Code, is repealed. |
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SECTION 5. This Act takes effect September 1, 2023. |