88R27647 MM-D
 
  By: Creighton, et al. S.B. No. 18
 
  (Kuempel)
 
  Substitute the following for S.B. No. 18:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the tenure and employment of faculty members at certain
  public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 51.942, Education Code,
  is amended to read as follows:
         Sec. 51.942.  [PERFORMANCE EVALUATION OF TENURED] FACULTY
  TENURE.
         SECTION 2.  Section 51.942(a), Education Code, is amended by
  amending Subdivision (1) and adding Subdivision (4) to read as
  follows:
               (1)  "Governing board" and "university system" have the
  meanings [has the meaning] assigned by Section 61.003.
               (4)  "Tenure" means the entitlement of a faculty member
  of an institution of higher education to continue in the faculty
  member's academic position unless dismissed by the institution for
  good cause in accordance with the policies and procedures adopted
  by the institution under Subsection (c-1). 
         SECTION 3.  Section 51.942, Education Code, is amended by
  amending Subsections (b), (c), and (g) and adding Subsections
  (c-1), (c-2), (c-3), and (c-4) to read as follows:
         (b)  Only an institution of higher education's governing
  board, on the recommendation of the institution's chief executive
  officer and the university system's chancellor, if applicable, may
  grant tenure.
         (c)  The granting of tenure may not be construed to create a
  property interest in any attribute of a faculty position beyond a
  faculty member's regular annual salary.
         (c-1)  Each governing board of an institution of higher
  education shall adopt policies [rules] and procedures regarding
  tenure. The policies and procedures must:
               (1)  address the granting of tenure;
               (2)  allow for the dismissal of a tenured faculty
  member at any time after providing the faculty member with
  appropriate due process, on a determination that:
                     (A)  the faculty member has:
                           (i)  exhibited professional incompetence;
                           (ii)  continually or repeatedly failed to
  perform duties or meet professional responsibilities of the faculty
  member's position;
                           (iii)  failed to successfully complete any
  post-tenure review professional development program;
                           (iv)  engaged in conduct involving moral
  turpitude that adversely affects the institution or the faculty
  member's performance of duties or meeting of responsibilities;
                           (v)  violated laws or university system or
  institution policies substantially related to the performance of
  the faculty member's duties;
                           (vi)  been convicted of a crime affecting
  the fitness of the faculty member to engage in teaching, research,
  service, outreach, or administration;
                           (vii)  engaged in unprofessional conduct
  that adversely affects the institution or the faculty member's
  performance of duties or meeting of responsibilities; or
                           (viii)  falsified the faculty member's
  academic credentials;
                     (B)  there is actual financial exigency or the
  phasing out of the institution's programs requiring elimination of
  the faculty member's position; or
                     (C)  there is other good cause as defined in the
  institution's policies; and
               (3)  provide [providing] for a periodic performance
  evaluation process for all tenured faculty [tenured] at the
  institution.
         (c-2)  The governing board may design its policies [rules]
  and procedures to fit the institution's particular educational
  mission, traditions, resources, and circumstances relevant to the
  institution's [its] character, role, and scope, in addition to
  other relevant factors determined by the governing board in the
  policies and procedures [rules] adopted under [pursuant to] this
  section. The governing board shall seek advice and comment from the
  institution's faculty [of the institution] before adopting any
  policies and procedures under [rules pursuant to] this section.
  The advice and comment from the faculty on the performance
  evaluation of tenured faculty shall be given the utmost
  consideration by the governing board.
         (c-3) [(c)]  In addition to any other provisions adopted by
  the governing board, the policies and procedures adopted by the
  governing board under Subsection (c-1) must [rules shall] include
  provisions providing that:
               (1)  each tenured faculty member [tenured] at the
  institution be subject to a comprehensive performance evaluation
  process conducted no more often than once every year, but no less
  often than once every six years, after the date the faculty member
  was granted tenure or received an academic promotion at the
  institution;
               (2)  the comprehensive performance evaluation be based
  on the professional responsibilities of the faculty member, in
  teaching, research, service, patient care, and administration, and
  include peer review of the faculty member;
               (3)  the comprehensive performance evaluation process
  be directed toward the professional development of the faculty
  member;
               (4)  the comprehensive performance evaluation process
  incorporate commonly recognized academic due process rights,
  including notice of the manner and scope of the comprehensive
  performance evaluation, the opportunity to provide documentation
  during the comprehensive performance evaluation process, and,
  before a faculty member may be subject to disciplinary action on the
  basis of a comprehensive performance [an] evaluation conducted
  under [pursuant to] this subsection [section], notice of specific
  charges and an opportunity for hearing on those charges; [and]
               (5)  a faculty member be subject to revocation of
  tenure or other appropriate disciplinary action if, during the
  comprehensive performance evaluation, incompetency, neglect of
  duty, or other good cause is determined to be present; and
               (6)  for a faculty member who receives an
  unsatisfactory rating in any area of any evaluation conducted under
  this section, the evaluation process provide for a short-term
  development plan that includes performance benchmarks for
  returning to satisfactory performance.
         (c-4)  The policies and procedures adopted by the governing
  board under Subsection (c-1) may include provisions that authorize
  the summary dismissal of a tenured faculty member based on a finding
  that the faculty member committed serious misconduct, as defined by
  the institution's policies, at any time after providing the faculty
  member with appropriate due process in accordance with this
  subsection.  The policies and procedures for summary dismissal must
  ensure that the institution provides the faculty member with
  appropriate due process, including:
               (1)  before summarily dismissing the faculty member,
  providing the faculty member:
                     (A)  written notice of the allegations against the
  faculty member together with an explanation of the evidence
  supporting dismissal; and
                     (B)  an opportunity for the faculty member to
  respond to the allegations in a hearing with a designated
  administrator;
               (2)  requiring the designated administrator to
  consider the faculty member's response under Subdivision (1)(B) and
  make a written determination of whether the institution will
  proceed with the summary dismissal of the faculty member;
               (3)  promptly providing to the faculty member a copy of
  the designated administrator's written determination under
  Subdivision (2) that:
                     (A)  clearly indicates whether the faculty member
  will be subject to summary dismissal; and
                     (B)  either:
                           (i)  includes the effective date of the
  dismissal and information regarding the faculty member's
  opportunity for a post-dismissal appeal, if the designated
  administrator's decision is in favor of summary dismissal; or
                           (ii)  states that the faculty member is not
  subject to summary dismissal, if the designated administrator's
  decision is against summary dismissal; and
               (4)  following a designated administrator's written
  determination to summarily dismiss a faculty member, providing the
  faculty member with the opportunity for a post-dismissal appeal in
  accordance with the institution's policies and procedures.
         (g)  Each governing board shall file a copy of the policies
  and procedures [rules] adopted under [pursuant to] this section,
  and any amendments to such polices and procedures [rules], with the
  coordinating board on or before September 1 of each year.
         SECTION 4.  Section 51.942(d), Education Code, is repealed.
         SECTION 5.  This Act takes effect September 1, 2023.