87R8684 CXP-D
By: Creighton S.B. No. 1159
A BILL TO BE ENTITLED
AN ACT
relating to performance evaluations of tenured faculty at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.942(c), Education Code, is amended to
read as follows:
(c) In addition to any other provisions adopted by the
governing board, the rules shall include provisions providing that:
(1) each 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 four [six] years, after the date the faculty member was
granted tenure or received an academic promotion at the
institution;
(2) the 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 process be directed toward the professional
development of the faculty member;
(4) the process incorporate commonly recognized
academic due process rights, including notice of the manner and
scope of the evaluation, the opportunity to provide documentation
during the evaluation process, and, before a faculty member may be
subject to disciplinary action on the basis of an evaluation
conducted pursuant to this 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 the governing
board determines that:
(A) the faculty member is incompetent or has
engaged in [incompetency,] neglect of duty, sexual harassment,
fiscal malfeasance, plagiarism, or conduct involving moral
turpitude; or
(B) [or] other good cause exists for the
revocation or disciplinary action [is determined to be present].
SECTION 2. This Act takes effect September 1, 2021.