Texas 2025 - 89th Regular

Texas House Bill HB1830 Compare Versions

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11 89R4607 RDR-D
22 By: Shaheen H.B. No. 1830
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to tenure and employment status at public institutions of
1010 higher education in this state.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 21.801(d), Education Code, is amended to
1313 read as follows:
1414 (d) The public institution of higher education shall:
1515 (1) reward faculty instructing in the teacher
1616 residency program;
1717 (2) identify faculty who can prepare teachers to
1818 impact student achievement in high-need schools;
1919 (3) provide institutional support of faculty who work
2020 with the teacher residency program by providing time to teach the
2121 courses [and valuing the faculty's contributions with rewards in
2222 the university tenure process]; and
2323 (4) develop and implement a program that acknowledges
2424 and elevates the significance and professional nature of teaching
2525 at the primary and secondary levels.
2626 SECTION 2. Subchapter Z, Chapter 51, Education Code, is
2727 amended by adding Section 51.9415 to read as follows:
2828 Sec. 51.9415. TENURE AND FACULTY EMPLOYMENT STATUS. (a) In
2929 this section, "institution of higher education" has the meaning
3030 assigned by Section 61.003.
3131 (b) An institution of higher education may not grant an
3232 employee of the institution tenure or any type of permanent
3333 employment status.
3434 (c) Subsection (b) does not apply to a faculty member or
3535 other employee of the institution of higher education who is
3636 employed by or under contract for employment with the institution
3737 on September 1, 2025, and who was awarded tenure or any type of
3838 permanent employment status by the institution before September 1,
3939 2025, provided that the person remains continuously employed or
4040 continuously under a contract of employment beginning September 1,
4141 2025.
4242 (d) This section does not prohibit the board of regents of
4343 an institution of higher education from establishing an alternate
4444 system of tiered employment status for faculty members provided
4545 that the system clearly defines each position and requires each
4646 faculty member to undergo an annual performance evaluation.
4747 SECTION 3. Section 51.942(c-1), Education Code, is amended
4848 to read as follows:
4949 (c-1) Each governing board of an institution of higher
5050 education shall adopt policies and procedures regarding
5151 tenure. The policies and procedures must:
5252 (1) [address the granting of tenure;
5353 [(2)] allow for the dismissal of a tenured faculty
5454 member at any time after providing the faculty member with
5555 appropriate due process, on a determination that:
5656 (A) the faculty member has:
5757 (i) exhibited professional incompetence;
5858 (ii) continually or repeatedly failed to
5959 perform duties or meet professional responsibilities of the faculty
6060 member's position;
6161 (iii) failed to successfully complete any
6262 post-tenure review professional development program;
6363 (iv) engaged in conduct involving moral
6464 turpitude that adversely affects the institution or the faculty
6565 member's performance of duties or meeting of responsibilities;
6666 (v) violated laws or university system or
6767 institution policies substantially related to the performance of
6868 the faculty member's duties;
6969 (vi) been convicted of a crime affecting
7070 the fitness of the faculty member to engage in teaching, research,
7171 service, outreach, or administration;
7272 (vii) engaged in unprofessional conduct
7373 that adversely affects the institution or the faculty member's
7474 performance of duties or meeting of responsibilities; or
7575 (viii) falsified the faculty member's
7676 academic credentials;
7777 (B) there is actual financial exigency or the
7878 phasing out of the institution's programs requiring elimination of
7979 the faculty member's position; or
8080 (C) there is other good cause as defined in the
8181 institution's policies; and
8282 (2) [(3)] provide for a periodic performance
8383 evaluation process for all tenured faculty at the institution.
8484 SECTION 4. Section 51.943(c), Education Code, is amended to
8585 read as follows:
8686 (c) For the purposes of this section, an institution of
8787 higher education is not required to provide an annual contract to
8888 tenured [tenure or tenure-track] faculty, but must provide tenured
8989 [tenure and tenure-track] faculty with [any] written notification
9090 [required in the institution's tenure policy] of any [a] change in a
9191 term of employment according to the policies of the institution,
9292 but no later than the 30th day prior to the change.
9393 SECTION 5. Section 51.948(b), Education Code, is amended to
9494 read as follows:
9595 (b) A contract entered into by a governing board under this
9696 section may not:
9797 (1) provide for employment for more than three years;
9898 (2) allow for severance or other payments on the
9999 termination of the contract to exceed an amount equal to the
100100 discounted net present cash value of the contract on termination at
101101 a market interest rate agreed upon in the contract; or
102102 (3) allow for development leave that is inconsistent
103103 with Section 51.105[; or
104104 [(4) award tenure in any way that varies from the
105105 institution's general policy on the award of tenure].
106106 SECTION 6. Section 51.9745(a), Education Code, is amended
107107 to read as follows:
108108 (a) Each general academic teaching institution, as defined
109109 by Section 61.003, shall make available to the public on the
110110 institution's Internet website the following information for the
111111 institution:
112112 (1) the student/faculty ratio;
113113 (2) the percentage of all full-time equivalent faculty
114114 members with teaching responsibility who are tenured [or tenure
115115 track];
116116 (3) the percentage of semester credit hours taken by
117117 students classified as freshmen or sophomores that are taught by
118118 tenured [and tenure track] faculty members;
119119 (4) the number of faculty members in each of the
120120 following faculty ranks, including a breakdown for each rank
121121 showing the numbers of faculty members by race, ethnicity, and
122122 gender:
123123 (A) professor;
124124 (B) associate professor;
125125 (C) assistant professor;
126126 (D) instructor;
127127 (E) nontenured [or nontenure track]; and
128128 (F) teaching assistant;
129129 (5) average faculty salaries by rank;
130130 (6) the amount of money appropriated by the
131131 legislature per full-time equivalent faculty member and full-time
132132 equivalent student;
133133 (7) the total revenue the institution spent per
134134 full-time equivalent faculty member and full-time equivalent
135135 student;
136136 (8) the amount of federal and private research
137137 expenditures per tenured [or tenure track] full-time equivalent
138138 faculty member;
139139 (9) the number and percentage of faculty members
140140 holding extramural research grants;
141141 (10) the number and names of awards to faculty members
142142 from nationally recognized entities, including those identified by
143143 The Center for Measuring University Performance; and
144144 (11) the number of endowed professorships or chairs.
145145 SECTION 7. Section 51A.053(c), Education Code, is amended
146146 to read as follows:
147147 (c) Except as otherwise provided by the coordinating board
148148 under Subsection (a), the resume must include the following
149149 information relating to the most recent state fiscal year for which
150150 the information is available:
151151 (1) under the heading "ENROLLMENT":
152152 (A) the total number of students enrolled in the
153153 institution during the fall semester that ended in the fiscal year
154154 covered by the resume;
155155 (B) the percentage of undergraduate students
156156 enrolled in the institution for the first time during the fall
157157 semester that ended in the fiscal year covered by the resume who are
158158 transfer students; and
159159 (C) a clearly identifiable link to the
160160 information described by Paragraph (A) disaggregated by student
161161 ethnicity;
162162 (2) under the heading "DEGREES AWARDED":
163163 (A) the number of bachelor's degrees, number of
164164 master's degrees, number of doctoral degrees, and number of
165165 professional degrees awarded by the institution; and
166166 (B) a clearly identifiable link to the
167167 information described by Paragraph (A) disaggregated by student
168168 ethnicity;
169169 (3) under the heading "COSTS":
170170 (A) the average annual total academic costs for a
171171 resident undergraduate student enrolled in 30 semester credit hours
172172 at the institution;
173173 (B) clearly identifiable links to information
174174 regarding:
175175 (i) the rate or rates of tuition per
176176 semester credit hour charged by the institution; and
177177 (ii) any mandatory fees, as defined by the
178178 coordinating board, imposed by the institution;
179179 (C) the average cost of on-campus room and board
180180 per student; and
181181 (D) the average cost to a resident undergraduate
182182 student enrolled in 30 semester credit hours for total academic
183183 costs and on-campus room and board, excluding the cost of books,
184184 supplies, transportation, or other expenses;
185185 (4) under the heading "FINANCIAL AID":
186186 (A) the percentage of undergraduate students
187187 enrolled in the institution who receive need-based grants or
188188 scholarships;
189189 (B) the percentage of undergraduate students
190190 enrolled in the institution who receive need-based grants,
191191 scholarships, loans, or work-study funds;
192192 (C) the percentage of undergraduate students
193193 enrolled in the institution who receive student loans;
194194 (D) the average amount of an undergraduate
195195 student's need-based grant and scholarship package;
196196 (E) the average amount of an undergraduate
197197 student's need-based grant, scholarship, loan, and work-study
198198 package; and
199199 (F) the average amount of an undergraduate
200200 student's student loans;
201201 (5) under the heading "ADMISSIONS":
202202 (A) the middle 50 percent test score range of
203203 first-time undergraduate students at the institution whose
204204 Scholastic Assessment Test (SAT) scores were in the 25th to 75th
205205 percentile of students' scores at that institution;
206206 (B) the middle 50 percent test score range of
207207 first-time undergraduate students at the institution whose
208208 American College Test (ACT) scores were in the 25th to 75th
209209 percentile of students' scores at that institution; and
210210 (C) the percentage of the students who applied
211211 for first-time undergraduate admission to the institution who were
212212 offered admission to the institution;
213213 (6) under the heading "INSTRUCTION":
214214 (A) the student/faculty ratio at the
215215 institution;
216216 (B) the percentage of organized undergraduate
217217 classes offered by the institution in which fewer than 20 students
218218 are enrolled;
219219 (C) the percentage of organized undergraduate
220220 classes offered by the institution in which more than 50 students
221221 are enrolled; and
222222 (D) the percentage of teaching faculty members of
223223 the institution who are tenured [or tenure-track];
224224 (7) under the heading "BACCALAUREATE SUCCESS":
225225 (A) four-year, five-year, and six-year
226226 graduation rates for full-time bachelor's degree-seeking students
227227 at the institution, and links to that information disaggregated by
228228 student ethnicity;
229229 (B) the average number of fall and spring
230230 semesters of enrollment attempted by a student to obtain a
231231 bachelor's degree; and
232232 (C) the retention rate of first-time, full-time,
233233 degree-seeking entering undergraduate students enrolled in the
234234 institution after one academic year and after two academic years;
235235 (8) under the heading "FIRST-TIME LICENSURE OR
236236 CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or
237237 certification examination pass rates in the fields of education,
238238 law, pharmacy, nursing, and engineering of students enrolled in the
239239 institution or who have graduated from the institution; and
240240 (9) under the heading "FUNDING":
241241 (A) the total amount of money appropriated by the
242242 legislature to the institution, including money appropriated for
243243 faculty and staff health coverage and retirement benefits, for that
244244 state fiscal year and the corresponding percentage of the
245245 institution's operating budget for that state fiscal year that the
246246 total amount of money appropriated by the legislature represents;
247247 (B) the total amount of federal funds from all
248248 federal sources, including grants and research funds, received by
249249 the institution in that state fiscal year and the corresponding
250250 percentage of the institution's operating budget for that state
251251 fiscal year that the total amount of federal funds represents;
252252 (C) the total academic costs charged to students
253253 by the institution in that state fiscal year and the corresponding
254254 percentage of the institution's operating budget for that state
255255 fiscal year that the total academic costs represent; and
256256 (D) the total amount of money from any source
257257 available to the institution in that state fiscal year.
258258 SECTION 8. Section 61.057, Education Code, is amended to
259259 read as follows:
260260 Sec. 61.057. PROMOTION OF TEACHING EXCELLENCE. To achieve
261261 excellence in the teaching of students at institutions and agencies
262262 of higher education, the board shall:
263263 (1) develop and recommend:
264264 (A) minimum faculty compensation plans, basic
265265 increment programs, and incentive salary increases;
266266 (B) minimum standards for faculty appointment,
267267 advancement, promotion, and retirement;
268268 (C) general policies for faculty teaching loads,
269269 and division of faculty time between teaching, research,
270270 administrative duties, and special assignments;
271271 (D) faculty improvement programs, including a
272272 plan for sabbatical leaves, appropriate for the junior and senior
273273 colleges and universities, respectively; and
274274 (E) minimum standards for academic freedom[,]
275275 and academic responsibility[, and tenure];
276276 (2) pursue vigorously and continuously a goal of
277277 having all college and university academic classes taught by
278278 persons holding the minimum of an earned master's degree or its
279279 equivalent in academic training, creative work, or professional
280280 accomplishment;
281281 (3) explore, promote, and coordinate the use of
282282 educational television among institutions of higher education and
283283 encourage participation by public and private schools and private
284284 institutions of higher education in educational television;
285285 (4) conduct, and encourage the institutions of higher
286286 education to conduct, research into new methods, materials, and
287287 techniques for improving the quality of instruction and for the
288288 maximum utilization of all available teaching techniques, devices,
289289 and resources, including but not limited to large classes, team
290290 teaching, programmed instruction, interlibrary exchanges, joint
291291 libraries, specially-designed facilities, visual aids, and other
292292 innovations that offer promise for superior teaching or for meeting
293293 the need for new faculty members to teach anticipated larger
294294 numbers of students; and
295295 (5) assume initiative and leadership in providing
296296 through the institutions of higher education in the state those
297297 programs and offerings which will achieve the objectives set forth
298298 in Section 61.002 of this code.
299299 SECTION 9. Section 61.0902(b), Education Code, is amended
300300 to read as follows:
301301 (b) Not later than the next November 1 following the
302302 completion of an academic year, each general academic teaching
303303 institution shall provide to the board one or more reports
304304 containing data related to:
305305 (1) the qualifications of the entering freshman class
306306 for the academic year covered by the report, including:
307307 (A) the average Texas Academic Skills Program
308308 Test scores of the class;
309309 (B) the average scores of the class on each
310310 generally recognized test or assessment used in college and
311311 university undergraduate admissions, including the Scholastic
312312 Assessment Test and the American College Test;
313313 (C) the range of scores of the class from the 25th
314314 to the 75th percentile on each generally recognized test or
315315 assessment used in college and university undergraduate
316316 admissions, including the Scholastic Assessment Test and the
317317 American College Test;
318318 (D) the overall grade point average of the class
319319 for the academic year covered by the report;
320320 (E) the number of students in the class who
321321 graduated in the top 10 percent of the student's high school
322322 graduating class; and
323323 (F) enrollment percentages by ethnicity; and
324324 (2) student performance and institution efficiency,
325325 including:
326326 (A) the retention rate of full-time students
327327 after the completion of one academic year at the institution;
328328 (B) the percentage of full-time degree-seeking
329329 undergraduate students who earn a baccalaureate degree before the
330330 sixth anniversary of the date of the student's first enrollment at
331331 the institution;
332332 (C) the percentage of lower-division semester
333333 credit hours taught by tenured [or tenure-track] faculty;
334334 (D) the percentage of undergraduate classes with
335335 fewer than 20 students;
336336 (E) the percentage of undergraduate classes with
337337 more than 50 students;
338338 (F) the student-to-faculty ratio for
339339 undergraduate students;
340340 (G) the percentage of students receiving
341341 financial aid;
342342 (H) the average cost of tuition and fees for an
343343 undergraduate student enrolled for 12 semester credit hours;
344344 (I) the average cost of on-campus room and board
345345 for an academic year, excluding summer sessions;
346346 (J) the number of disciplines in which master's
347347 degrees are offered;
348348 (K) the number of disciplines in which doctoral
349349 degrees are offered;
350350 (L) a description of any departments, schools, or
351351 certificate or degree programs of the institution that have a
352352 statewide or national reputation for excellence; and
353353 (M) statistics regarding job placement rates for
354354 students awarded certificates or degrees by the institution.
355355 SECTION 10. Section 141.001(3), Education Code, is amended
356356 to read as follows:
357357 (3) "Faculty member" means a person who is tenured [or
358358 is in a tenure track position] and [is] employed by a public senior
359359 college or university.
360360 SECTION 11. Section 142.001(5), Education Code, is amended
361361 to read as follows:
362362 (5) "Faculty member" means a person who is tenured by
363363 an eligible institution [or is in a tenure track position] or who is
364364 a research professional employed by an eligible institution.
365365 SECTION 12. Sections 51.942(b) and (f), Education Code, are
366366 repealed.
367367 SECTION 13. This Act takes effect September 1, 2025.