SB 37, Sen 2nd Rdg, Amnd #F1

(5) do not require or attempt to require a student to adopt a belief that any race, sex, or ethnicity or social, political, or religious belief is inherently superior to any other race, sex, or ethnicity or social, political, or religious belief, or to adopt any other similar ideology.

(3) In SECTION 1 of the bill, in added Section 51.315, Education Code (page 2, between lines 14 and 15), insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:

(____) Each individual in a leadership position that oversees curriculum or student affairs for the institution of higher education shall annually submit to the governing board of the institution an update regarding any changes to the general education curriculum offered at the institution. The governing board may reserve the right to overturn any decision made by the individuals described by this subsection regarding any changes to the general education curriculum offered at the institution.

(4) In SECTION 1 of the bill, in added Section 51.315(e), Education Code (page 2, line 25), between "year" and the underlined comma, insert "a review is conducted under this section".

(5) In SECTION 1 of the bill, in added Section 51.316(b), Education Code (page 2, lines 38 through 40), strike Subdivision (1) and substitute the following:

(1) conduct a credential of value review to determine the return on investment for students, including a review of manageable student debt levels for degree programs at each institution of higher education; and

(6) In SECTION 1 of the bill, in added Section 51.316(c), Education Code (page 2, line 49), strike "higher education strategic plan" and substitute "long-range master plan for higher education".

(7) In SECTION 1 of the bill, in added Section 51.316(c), Education Code (page 2, line 50), strike "performance" and substitute "value".

(8) In SECTION 1 of the bill, in added Section 51.316(c), Education Code (page 2, lines 51 through 54), strike Subdivisions (1) through (4) and substitute the following:

(2) "conditional"; or

(3) "does not meet".

(9) In SECTION 1 of the bill, in added Section 51.316(d), Education Code (page 2, line 56), strike "performance" and substitute "value".

(10) In SECTION 1 of the bill, in added Section 51.316(d), Education Code (page 2, line 58), immediately following the underlined period, insert "The governing board may not delegate its authority under this subsection.".

(11) In SECTION 1 of the bill, in added Section 51.316, Education Code (page 2, line 59, through page 3, line 3), strike Subsections (e) and (f) and substitute the following:

(e) Each institution of higher education shall publish prominently on the institution's Internet website a list of each degree program offered by the institution and the value rating assigned under Subsection (d) for that program.

(f) For each degree program that receives a "does not meet" rating under Subsection (d), the governing board, not later than the first academic year that begins after the rating is issued, shall:

(1) close the degree program if the program is not a program described by Subdivision (2), provide notice of the closure to each student enrolled in the program at the time the program receives the rating, and give the student the opportunity to complete the student's degree;

(2) continue the degree program if the program is on a list of programs determined by the coordinating board as necessary to meet state workforce demands or is in a high-demand field, as defined by coordinating board rule; or

(3) require the institution of higher education to redesign the degree program to achieve a rating of at least "conditional" and seek reevaluation by the coordinating board.

(g) The coordinating board shall reevaluate and issue a new rating to a degree program identified under Subsection (f)(3) not later than the 180th day after the date an institution of higher education submits the redesigned program to the coordinating board. If the program is rated as "does not meet" after reevaluation under this subsection, the governing board of the institution shall take the action required under Subsection (f)(1) not later than the first academic year that begins after the coordinating board's new rating is issued.

(h) The governing board of each institution of higher education shall annually submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report documenting the status of each degree program offered by each institution under the governing board's authority that has received a rating of "does not meet" under Subsection (d), including each action taken by the governing board under Subsection (f) regarding the program.

(i) An institution of higher education may not spend money appropriated to the institution for a state fiscal year until the governing board of the institution submits to the legislature and the coordinating board a report certifying the governing board's compliance with this section during the preceding state fiscal year.

(j) An institution of higher education may not use money appropriated by the legislature to provide a degree program that receives a "does not meet" rating beginning with the academic year immediately following the academic year in which the program received a final rating of "does not meet" under Subsection (f) or (g), as applicable.

(k) The coordinating board shall adopt rules necessary to administer this section.

(12) In SECTION 2 of the bill, in the recital for amended Section 51.352, Education Code (page 3, line 5), strike the text and substitute "amending Subsection (d) and adding Subsections (g) and (h) to read as follows:".

(13) In SECTION 2 of the bill, in amended Section 51.352, Education Code (page 3, between lines 5 and 6), insert the following:

(d) In addition to powers and duties specifically granted by this code or other law, each governing board shall:

(1) establish, for each institution under its control and management, goals consistent with the role and mission of the institution;

(2) appoint the chancellor or other chief executive officer of the system, if the board governs a university system;

(3) appoint the president or other chief executive officer of each institution under the board's control and management and evaluate the chief executive officer of each component institution and assist the officer in the achievement of performance goals;

(4) approve or deny the hiring of an individual for the position of provost or dean by each institution under the board's control and management;

(5) set campus admission standards consistent with the role and mission of the institution and considering the admission standards of similar institutions nationwide having a similar role and mission, as determined by the coordinating board; and

(6) [~~(5)~~] ensure that its formal position on matters of importance to the institutions under its governance is made clear to the coordinating board when such matters are under consideration by the coordinating board.

(14) In SECTION 2 of the bill, in added Section 51.352(g), Education Code (page 3, line 7), between "any" and "decision", insert "hiring".

(15) In SECTION 2 of the bill, in added Section 51.352(h), Education Code (page 3, line 16), strike the text of Subdivision (2) and renumber subsequent subdivisions of the subsection accordingly.

(16) In SECTION 3 of the bill, in the recital for amended Subchapter G, Chapter 51, Education Code (page 3, line 22), strike "51.3522" and substitute "51.35205, 51.3522, 51.3523,".

(17) In SECTION 3 of the bill, in amended Subchapter G, Chapter 51, Education Code (page 3, between lines 22 and 23), insert the following:

Sec. 51.35205. ADDITIONAL RESPONSIBILITIES OF GOVERNING BOARD. (a) In this section, "governing board" and "institution of higher education" have the meanings assigned by Section 61.003.

(b) The governing board of an institution of higher education shall approve or deny on an individual basis or in accordance with Subsection (d)(3) each posting or other advertisement for a tenured faculty position in a field related to liberal arts, communications, education, and social work at each institution under the governing board's authority.

(c) The governing board of an institution of higher education shall post on the institution's Internet website notice of each meeting at which a posting or other advertisement for a tenured faculty position described by Subsection (b) will be considered at least seven business days before the meeting.

(d) The governing board of an institution of higher education may establish a subcommittee on educational excellence composed of members of the governing board. The subcommittee may:

(1) consider whether to approve or deny the hiring of an individual for the position of provost or dean by each institution under the board's control and management;

(2) consider each posting or other advertisement for a tenured faculty position described by Subsection (b);

(3) present the subcommittee's decisions regarding the hiring of an individual for the position of provost or dean under Subdivision (1) and the posting or other advertisements considered under Subdivision (2) for approval en bloc by the full governing board; and

(4) annually approve or overturn any changes made to the general education curriculum in accordance with Section 51.315.

(18) In SECTION 3 of the bill, in added Section 51.3522(d), Education Code (page 3, line 53), between "expenses" and the underlined period, insert "for their role as members of the faculty council or senate".

(19) In SECTION 3 of the bill, in added Section 51.3522(f), Education Code (page 3, line 69), strike "personal".

(20) In SECTION 3 of the bill, in added Section 51.3522(f), Education Code (page 4, lines 1 through 3), strike "as determined by the governing board of the institution of higher education".

(21) In SECTION 3 of the bill, in added Section 51.3522(g), Education Code (page 4, line 7), strike "advice and consent" and substitute "approval".

(22) In SECTION 3 of the bill, in amended Subchapter G, Chapter 51, Education Code (page 4, between lines 44 and 45), insert the following:

Sec. 51.3523. SHARED GOVERNANCE. (a) In this section, "governing board" and "institution of higher education" have the meanings assigned by Section 61.003.

(b) Institutions of higher education in this state shall be governed by a principle of shared governance, which refers to a structured decision-making process in which the governing board of the institution exercises ultimate authority and responsibility for institutional oversight, financial stewardship, and policy implementation, while allowing for appropriate consultation with faculty, administrators, and other stakeholders on matters related to academic policy and institutional operations. The principle of shared governance may not be construed to diminish the authority of the governing board to make final decisions in the best interest of the institution, students, and taxpayers.

(c) Administrators at institutions of higher education must make decisions in a manner that promotes efficiency, accountability, and responsiveness to state priorities, workforce needs, and the institution's institutional mission. Faculty and staff may provide recommendations on academic matters, but that input is only advisory in nature, ensuring that governing boards and institutional leadership retain clear and ultimate decision-making authority. Shared governance structures may not be used to obstruct, delay, or undermine necessary institutional reforms or serve as a mechanism for advancing ideological or political agendas.

(23) In SECTION 3 of the bill, in added Section 51.3541(a), Education Code (page 4, line 46), strike ""governing board" and "institution of higher education"" and substitute ""governing board," "institution of higher education," and "university system"".

(24) In SECTION 3 of the bill, in added Section 51.3541, Education Code (page 4, lines 48 through 51), strike the text of Subsection (b) and reletter subsequent subsections of the section accordingly.

(25) In SECTION 3 of the bill, in added Section 51.3541(c), Education Code (page 4, line 52), immediately following "education", add ", in consultation with the chancellor of any university system of which the institution is a component,".

(26) In SECTION 3 of the bill, in added Section 51.3541(c), Education Code (page 4, line 54), strike "described by Subsection (b) at" and substitute "of vice president, provost, dean, or a similar leadership position that oversees curriculum or student affairs for".

(27) In SECTION 3 of the bill, in added Section 51.3541(c), Education Code (page 4, lines 55 and 56), strike "recommendations for removing" and substitute "decision to remove".

(28) In SECTION 4 of the bill, in added Section 51.989(b), Education Code (page 5, line 11), strike "develop" and substitute "adopt and implement".

(29) In SECTION 4 of the bill, in added Section 51.989(f), Education Code (page 5, line 28), strike "four" and substitute "five".

(30) In SECTION 5 of the bill, in added Section 61.031(c), Education Code (page 5, lines 48 through 57), strike the text of Subdivisions (1) through (10) and substitute the following:

(1) Sections 51.315 and 51.316;

(2) Section 51.3522;

(3) Section 51.3525;

(4) Section 51.3541;

(5) Section 51.9431; and

(6) Section 61.0522.

(31) In SECTION 5 of the bill, in added Section 61.031(d), Education Code (page 5, lines 60 and 61), strike "notarized, written complaint to the office by mail" and substitute "complaint to the office".

(32) In SECTION 5 of the bill, immediately following added Section 61.031(d), Education Code (page 6, between lines 3 and 4), insert the following:

(d-1) An individual who knowingly submits a false complaint under Subsection (d) shall be held responsible for any costs incurred by the office in conducting an investigation resulting from the false complaint. The office may refuse to investigate a future complaint filed by an individual who is found to have knowingly filed a false complaint.

(33) In SECTION 5 of the bill, in added Section 61.031(g), Education Code (page 6, line 25), strike "25th" and substitute "175th".

(34) In SECTION 5 of the bill, in added Section 61.031(g), Education Code (page 6, line 26), between "notice" and the underlined period, insert "unless the office has granted an extension for good cause".

(35) In SECTION 5 of the bill, in added Section 61.031(h), Education Code (page 6, line 32), immediately following the underlined period, add "This subsection may not be construed to require an institution to provide privileged information to the office.".

(36) In SECTION 5 of the bill, in added Section 61.031(k), Education Code (page 6, line 45), strike "30th" and substitute "180th".

(37) In SECTION 5 of the bill, in added Section 61.031(l), Education Code (page 6, lines 56 through 61), strike the text and substitute the following:

including recommending to the legislature that the institution not be allowed to spend money appropriated to the institution for a state fiscal year until the institution's governing board certifies compliance.

(38) In SECTION 5 of the bill, in added Section 61.031(n), Education Code (page 7, between lines 5 and 6), insert the following appropriately numbered subdivision and renumber subsequent subdivisions of the subsection accordingly:

(_) issue a civil investigative demand;

(39) In SECTION 5 of the bill, in added Section 61.031(o)(2), Education Code (page 7, line 19), between "conducted" and "by", insert "and substantiated".

(40) In SECTION 7 of the bill, in added Section 61.0522(c), Education Code (page 7, lines 45 and 46), strike the text of Subdivision (4) and substitute the following:

(4) representatives selected by the board in accordance with Subsection (c-1).

(41) In SECTION 7 of the bill, in added Section 61.0522, Education Code (page 7, between lines 46 and 47), insert the following:

(c-1) The board shall call for nominations from presidents, chancellors, and chief academic officers at all institutions of higher education for representatives to serve on the advisory committee. The board shall select six representatives from those nominated with nominees drawn equally from two-year and four-year institutions.

(42) In SECTION 11 of the bill, at the beginning of the nonamendatory language describing the abolishment of certain faculty councils or senates (page 8, line 56), between "SECTION 11." and "A faculty council", insert "(a)".

(43) In SECTION 11 of the bill, in the nonamendatory language describing the abolishment of certain faculty councils or senates (page 8, between lines 66 and 67), insert the following:

(b) A faculty council or senate authorized but not yet established at a public institution of higher education before the effective date of this Act may be established only in the manner prescribed by Section 51.3522, Education Code, as added by this Act.

(44) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Sections 61.0512(a), (c), (e), (f), and (h), Education Code, are amended to read as follows:

(a) A new degree [~~or certificate~~] program may be added at an institution of higher education only with specific prior approval of the board. A new degree [~~or certificate~~] program is considered approved if the board has not completed a review under this section and acted to approve or disapprove the proposed program before the first anniversary of the date on which an institution of higher education submits a completed application for approval to the board. The board may not summarily disapprove a program without completing the review required by this section. The board shall specify by rule the elements that constitute a completed application and shall make an administrative determination of the completeness of the application not later than the fifth business day after receiving the application. A request for additional information in support of an application that has been determined administratively complete does not toll the period within which the application is considered approved under this section.

(c) The board shall review each degree [~~or certificate~~] program offered by an institution of higher education at the time the institution requests to implement a new program to ensure that the program:

(1) is needed by the state and the local community and does not unnecessarily duplicate programs offered by other institutions of higher education or private or independent institutions of higher education;

(2) has adequate financing from legislative appropriation, funds allocated by the board, or funds from other sources;

(3) has necessary faculty and other resources to ensure student success; and

(4) meets academic standards specified by law or prescribed by board rule, including rules adopted by the board for purposes of this section, or workforce standards established by the Texas Workforce Investment Council.

(e) The board shall review each degree [~~or certificate~~] program offered by an institution of higher education at least every 10 years after a new program is established using the criteria prescribed by Subsection (c).

(f) Except as provided by Section 51.316, the [~~The~~] board may not order the consolidation or elimination of any degree [~~or certificate~~] program offered by an institution of higher education but may, based on the board's review under Subsections (d) and (e), recommend such action to an institution's governing board. If an institution's governing board does not accept recommendations to consolidate or eliminate a degree [~~or certificate~~] program, the university system or, where a system does not exist, the institution, must identify the programs recommended for consolidation or elimination on the next legislative appropriations request submitted by the system or institution.