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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)(1), Education Code, is amended |
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to read as follows: |
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(1) "Governing board" has [and "university system" |
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have] the meaning [meanings] assigned by Section 61.003. |
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SECTION 3. Section 51.942, Education Code, is amended by |
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amending Subsections (b), (c), (c-1), (c-2), and (c-3) and adding |
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Subsection (d) 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 continuing employment, including his or her |
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regular annual salary and any privileges incident to his or her |
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status as a tenured professor. |
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[(c-1)] Each governing board of an institution of higher |
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education shall adopt policies and procedures providing [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] for a periodic performance evaluation |
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process for all tenured faculty at the institution. |
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[(c-2)] The governing board may design its policies and |
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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 character, role, and scope, in addition to other |
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relevant factors determined by the governing board in the policies |
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and procedures adopted under this section. The governing board |
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shall seek advice and comment from the institution's faculty before |
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adopting any policies and procedures under this section. The |
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advice and comment from the faculty on the performance evaluation |
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of tenured faculty shall be given the utmost consideration by the |
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governing board. |
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(c) [(c-3)] 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 (b) [(c-1)] must include |
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provisions providing that: |
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(1) each tenured faculty member at the institution be |
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subject to a comprehensive performance evaluation process |
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conducted no more often than once every year, but no less often than |
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once every six years, after the date the faculty member was granted |
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tenure or received an academic promotion at the 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 evaluation conducted under |
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this subsection, notice of specific charges and an opportunity for |
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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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(d) A faculty member subject to termination on the basis of |
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an evaluation conducted under this section must be given the |
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opportunity for referral of the matter to a nonbinding alternative |
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dispute resolution process as described in Chapter 154, Civil |
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Practice and Remedies Code. If both parties agree, another type of |
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alternative dispute resolution method may be elected. The governing |
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board must give specific reasons in writing for any decision to |
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terminate a faculty member on the basis of an evaluation conducted |
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under this section. |
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SECTION 4. The following provisions of the Education Code |
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are repealed: |
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(1) Section 51.942(a)(4); and |
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(2) Section 51.942(c-4). |
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SECTION 5. This Act takes effect September 1, 2025. |