Texas 2023 - 88th Regular

Texas Senate Bill SB18 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 18
2	2
3	3
4	4	AN ACT
5	5	relating to the tenure and employment of faculty members at certain
6	6	public institutions of higher education.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 51.942, Education Code,
9	9	is amended to read as follows:
10	10	Sec. 51.942. [PERFORMANCE EVALUATION OF TENURED] FACULTY
11	11	TENURE.
12	12	SECTION 2. Section 51.942(a), Education Code, is amended by
13	13	amending Subdivision (1) and adding Subdivision (4) to read as
14	14	follows:
15	15	(1) "Governing board" and "university system" have the
16	16	meanings [has the meaning] assigned by Section 61.003.
17	17	(4) "Tenure" means the entitlement of a faculty member
18	18	of an institution of higher education to continue in the faculty
19	19	member's academic position unless dismissed by the institution for
20	20	good cause in accordance with the policies and procedures adopted
21	21	by the institution under Subsection (c-1).
22	22	SECTION 3. Section 51.942, Education Code, is amended by
23	23	amending Subsections (b), (c), and (g) and adding Subsections
24	24	(c-1), (c-2), (c-3), and (c-4) to read as follows:
25	25	(b) Only an institution of higher education's governing
26	26	board, on the recommendation of the institution's chief executive
27	27	officer and the university system's chancellor, if applicable, may
28	28	grant tenure.
29	29	(c) The granting of tenure may not be construed to create a
30	30	property interest in any attribute of a faculty position beyond a
31	31	faculty member's continuing employment, including his or her
32	32	regular annual salary and any privileges incident to his or her
33	33	status as a tenured professor.
34	34	(c-1) Each governing board of an institution of higher
35	35	education shall adopt policies [rules] and procedures regarding
36	36	tenure. The policies and procedures must:
37	37	(1) address the granting of tenure;
38	38	(2) allow for the dismissal of a tenured faculty
39	39	member at any time after providing the faculty member with
40	40	appropriate due process, on a determination that:
41	41	(A) the faculty member has:
42	42	(i) exhibited professional incompetence;
43	43	(ii) continually or repeatedly failed to
44	44	perform duties or meet professional responsibilities of the faculty
45	45	member's position;
46	46	(iii) failed to successfully complete any
47	47	post-tenure review professional development program;
48	48	(iv) engaged in conduct involving moral
49	49	turpitude that adversely affects the institution or the faculty
50	50	member's performance of duties or meeting of responsibilities;
51	51	(v) violated laws or university system or
52	52	institution policies substantially related to the performance of
53	53	the faculty member's duties;
54	54	(vi) been convicted of a crime affecting
55	55	the fitness of the faculty member to engage in teaching, research,
56	56	service, outreach, or administration;
57	57	(vii) engaged in unprofessional conduct
58	58	that adversely affects the institution or the faculty member's
59	59	performance of duties or meeting of responsibilities; or
60	60	(viii) falsified the faculty member's
61	61	academic credentials;
62	62	(B) there is actual financial exigency or the
63	63	phasing out of the institution's programs requiring elimination of
64	64	the faculty member's position; or
65	65	(C) there is other good cause as defined in the
66	66	institution's policies; and
67	67	(3) provide [providing] for a periodic performance
68	68	evaluation process for all tenured faculty [tenured] at the
69	69	institution.
70	70	(c-2) The governing board may design its policies [rules]
71	71	and procedures to fit the institution's particular educational
72	72	mission, traditions, resources, and circumstances relevant to the
73	73	institution's [its] character, role, and scope, in addition to
74	74	other relevant factors determined by the governing board in the
75	75	policies and procedures [rules] adopted under [pursuant to] this
76	76	section. The governing board shall seek advice and comment from the
77	77	institution's faculty [of the institution] before adopting any
78	78	policies and procedures under [rules pursuant to] this section.
79	79	The advice and comment from the faculty on the performance
80	80	evaluation of tenured faculty shall be given the utmost
81	81	consideration by the governing board.
82	82	(c-3) [(c)] In addition to any other provisions adopted by
83	83	the governing board, the policies and procedures adopted by the
84	84	governing board under Subsection (c-1) must [rules shall] include
85	85	provisions providing that:
86	86	(1) each tenured faculty member [tenured] at the
87	87	institution be subject to a comprehensive performance evaluation
88	88	process conducted no more often than once every year, but no less
89	89	often than once every six years, after the date the faculty member
90	90	was granted tenure or received an academic promotion at the
91	91	institution;
92	92	(2) the comprehensive performance evaluation be based
93	93	on the professional responsibilities of the faculty member, in
94	94	teaching, research, service, patient care, and administration, and
95	95	include peer review of the faculty member;
96	96	(3) the comprehensive performance evaluation process
97	97	be directed toward the professional development of the faculty
98	98	member;
99	99	(4) the comprehensive performance evaluation process
100	100	incorporate commonly recognized academic due process rights,
101	101	including notice of the manner and scope of the comprehensive
102	102	performance evaluation, the opportunity to provide documentation
103	103	during the comprehensive performance evaluation process, and,
104	104	before a faculty member may be subject to disciplinary action on the
105	105	basis of a comprehensive performance [an] evaluation conducted
106	106	under [pursuant to] this subsection [section], notice of specific
107	107	charges and an opportunity for hearing on those charges; [and]
108	108	(5) a faculty member be subject to revocation of
109	109	tenure or other appropriate disciplinary action if, during the
110	110	comprehensive performance evaluation, incompetency, neglect of
111	111	duty, or other good cause is determined to be present; and
112	112	(6) for a faculty member who receives an
113	113	unsatisfactory rating in any area of any evaluation conducted under
114	114	this section, the evaluation process provide for a short-term
115	115	development plan that includes performance benchmarks for
116	116	returning to satisfactory performance.
117	117	(c-4) The policies and procedures adopted by the governing
118	118	board under Subsection (c-1) may include provisions that authorize
119	119	the summary dismissal of a tenured faculty member based on a finding
120	120	that the faculty member committed serious misconduct, as defined by
121	121	the institution's policies, at any time after providing the faculty
122	122	member with appropriate due process in accordance with this
123	123	subsection. The policies and procedures for summary dismissal must
124	124	ensure that the institution provides the faculty member with
125	125	appropriate due process, including:
126	126	(1) before summarily dismissing the faculty member,
127	127	providing the faculty member:
128	128	(A) written notice of the allegations against the
129	129	faculty member together with an explanation of the evidence
130	130	supporting dismissal; and
131	131	(B) an opportunity for the faculty member to
132	132	respond to the allegations in a hearing with a designated
133	133	administrator;
134	134	(2) requiring the designated administrator to
135	135	consider the faculty member's response under Subdivision (1)(B) and
136	136	make a written determination of whether the institution will
137	137	proceed with the summary dismissal of the faculty member;
138	138	(3) promptly providing to the faculty member a copy of
139	139	the designated administrator's written determination under
140	140	Subdivision (2) that:
141	141	(A) clearly indicates whether the faculty member
142	142	will be subject to summary dismissal; and
143	143	(B) either:
144	144	(i) includes the effective date of the
145	145	dismissal and information regarding the faculty member's
146	146	opportunity for a post-dismissal appeal, if the designated
147	147	administrator's decision is in favor of summary dismissal; or
148	148	(ii) states that the faculty member is not
149	149	subject to summary dismissal, if the designated administrator's
150	150	decision is against summary dismissal; and
151	151	(4) following a designated administrator's written
152	152	determination to summarily dismiss a faculty member, providing the
153	153	faculty member with the opportunity for a post-dismissal appeal in
154	154	accordance with the institution's policies and procedures.
155	155	(g) Each governing board shall file a copy of the policies
156	156	and procedures [rules] adopted under [pursuant to] this section,
157	157	and any amendments to such polices and procedures [rules], with the
158	158	coordinating board on or before September 1 of each year.
159	159	SECTION 4. Section 51.942(d), Education Code, is repealed.
160	160	SECTION 5. This Act takes effect September 1, 2023.
161	161	______________________________ ______________________________
162	162	President of the Senate Speaker of the House
163	163	I hereby certify that S.B. No. 18 passed the Senate on
164	164	April 20, 2023, by the following vote: Yeas 18, Nays 11; and that
165	165	the Senate concurred in House amendments on May 27, 2023, by the
166	166	following vote: Yeas 19, Nays 12.
167	167	______________________________
168	168	Secretary of the Senate
169	169	I hereby certify that S.B. No. 18 passed the House, with
170	170	amendments, on May 23, 2023, by the following vote: Yeas 83,
171	171	Nays 61, two present not voting.
172	172	______________________________
173	173	Chief Clerk of the House
174	174	Approved:
175	175	______________________________
176	176	Date
177	177	______________________________
178	178	Governor