Texas 2025 - 89th Regular

Texas House Bill HB4499 Compare Versions

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1	1	89R13937 MM-D
2	2	By: Shaheen H.B. No. 4499
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the governance of public institutions of higher
10	10	education, including review of curriculum and certain degree and
11	11	certificate programs, the powers and duties of a faculty council or
12	12	senate, training for members of the governing board, and the
13	13	establishment of the Office of Excellence in Higher Education.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter F, Chapter 51, Education Code, is
16	16	amended by adding Section 51.315 to read as follows:
17	17	Sec. 51.315. GENERAL EDUCATION REVIEW COMMITTEE. (a) In
18	18	this section:
19	19	(1) "Core curriculum" has the meaning assigned by
20	20	Section 61.821.
21	21	(2) "Institution of higher education" has the meaning
22	22	assigned by Section 61.003.
23	23	(b) The governing board of each institution of higher
24	24	education shall appoint a general education review committee at
25	25	each institution of higher education under the governing board's
26	26	control and management to:
27	27	(1) annually review the core curriculum at the
28	28	institution; and
29	29	(2) make recommendations regarding maintaining or
30	30	eliminating courses in the institution's core curriculum.
31	31	(c) In appointing the members of the general education
32	32	review committee under Subsection (b), the governing board of the
33	33	institution of higher education may consider recommendations from
34	34	the institution's president.
35	35	(d) Members of an institution of higher education's general
36	36	education review committee may include local industry partners and
37	37	tenured faculty of the institution.
38	38	(e) In reviewing the institution's core curriculum under
39	39	Subsection (b)(1), the general education review committee of an
40	40	institution of higher education shall ensure courses in the
41	41	curriculum:
42	42	(1) are foundational and fundamental to a sound
43	43	postsecondary education;
44	44	(2) are necessary to prepare students for civic and
45	45	professional life;
46	46	(3) equip students for participation in the workforce
47	47	and in the betterment of society; and
48	48	(4) do not endorse specific public policies,
49	49	ideologies, or legislation.
50	50	(f) The general education review committee of an
51	51	institution of higher education shall:
52	52	(1) identify competencies in addition to successful
53	53	completion of the core curriculum that the institution may require
54	54	students to demonstrate; and
55	55	(2) make recommendations to maintain or eliminate
56	56	additional competencies required by the institution in accordance
57	57	with Subdivision (1).
58	58	(g) The governing board of an institution of higher
59	59	education shall approve or deny on an individual basis any
60	60	recommendation made by the institution's general education review
61	61	committee under Subsection (b)(2).
62	62	(h) An institution of higher education shall make
63	63	recommendations made by the institution's general education review
64	64	committee publicly available on the institution's Internet website
65	65	for at least 30 business days before the date of a meeting at which
66	66	the institution's governing board intends to consider the
67	67	recommendations.
68	68	(i) Not later than September 1 of each year, the governing
69	69	board of each institution of higher education shall certify the
70	70	governing board's compliance with this section to the Office of
71	71	Excellence in Higher Education established under Chapter 454,
72	72	Government Code.
73	73	(j) An institution of higher education may not spend money
74	74	appropriated to the institution for a state fiscal year until the
75	75	governing board of the institution submits to the legislature and
76	76	the Texas Higher Education Coordinating Board a report certifying
77	77	the governing board's compliance with this section during the
78	78	preceding state fiscal year.
79	79	SECTION 2. Section 51.352, Education Code, is amended by
80	80	amending Subsection (d) and adding Subsections (g), (h), (i), and
81	81	(j) to read as follows:
82	82	(d) In addition to powers and duties specifically granted by
83	83	this code or other law, each governing board shall:
84	84	(1) establish, for each institution under its control
85	85	and management, goals consistent with the role and mission of the
86	86	institution;
87	87	(2) appoint the chancellor or other chief executive
88	88	officer of the system, if the board governs a university system;
89	89	(3) appoint the president or other chief executive
90	90	officer of each institution under the board's control and
91	91	management [and evaluate the chief executive officer of each
92	92	component institution and assist the officer in the achievement of
93	93	performance goals];
94	94	(4) approve or deny the hiring of an individual for the
95	95	position of vice president, provost, associate or assistant
96	96	provost, dean, or a similar leadership position by each institution
97	97	under the board's control and management;
98	98	(5) regularly evaluate the chief executive officer,
99	99	president, and each individual who holds a leadership position
100	100	described by Subdivision (4) at each institution under the board's
101	101	control and management to assist the individual in achieving
102	102	performance goals, including:
103	103	(A) maintaining or increasing student retention
104	104	and graduation rates;
105	105	(B) maintaining or increasing the amount of money
106	106	available for research; and
107	107	(C) making efforts to ensure a variety of
108	108	perspectives are represented among administration and faculty;
109	109	(6) set campus admission standards consistent with the
110	110	role and mission of the institution and considering the admission
111	111	standards of similar institutions nationwide having a similar role
112	112	and mission, as determined by the coordinating board; and
113	113	(7) [(5)] ensure that its formal position on matters
114	114	of importance to the institutions under its governance is made
115	115	clear to the coordinating board when such matters are under
116	116	consideration by the coordinating board.
117	117	(g) The governing board of an institution of higher
118	118	education may overturn any decision made by the administration of a
119	119	campus under the board's control and management.
120	120	(h) The governing board of an institution of higher
121	121	education shall post on the institution's Internet website notice
122	122	of any meeting at which the board will consider finalists for a
123	123	position described by Subsection (d)(4) at least 30 business days
124	124	before the date of the meeting. The notice must include the
125	125	curriculum vitae for each individual under consideration for the
126	126	position at the meeting that lists the individual's postsecondary
127	127	education, teaching experience, significant professional
128	128	publications, and professional or academic association
129	129	memberships.
130	130	(i) An institution of higher education may not spend money
131	131	appropriated to the institution for a state fiscal year until the
132	132	governing board of the institution submits to the legislature and
133	133	the Texas Higher Education Coordinating Board a report certifying
134	134	the board's compliance with Subsections (d)(2), (3), (4), (5), (6),
135	135	and (7) during the preceding state fiscal year.
136	136	(j) The governing board of each institution of higher
137	137	education shall annually submit to the governor, the lieutenant
138	138	governor, the speaker of the house of representatives, and each
139	139	member of the legislature a report regarding decisions made by the
140	140	governing board for the applicable academic year on:
141	141	(1) the hiring of administration and faculty;
142	142	(2) curriculum;
143	143	(3) any review and evaluation of the institution's
144	144	administration; and
145	145	(4) any other subject as determined by the governing
146	146	board.
147	147	SECTION 3. Subchapter G, Chapter 51, Education Code, is
148	148	amended by adding Sections 51.3522, 51.3523, and 51.3524 to read as
149	149	follows:
150	150	Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this
151	151	section, "faculty council or senate" means a representative faculty
152	152	organization directly elected by the general faculty or colleges
153	153	and schools of an institution of higher education.
154	154	(b) Only the governing board of an institution of higher
155	155	education may establish a faculty council or senate at the
156	156	institution. Before establishing the faculty council or senate,
157	157	the governing board must adopt a policy governing the election of
158	158	the faculty council's or senate's members that:
159	159	(1) ensures adequate representation of each college
160	160	and school of the institution;
161	161	(2) requires the members to be tenured faculty
162	162	members; and
163	163	(3) limits the number of members to not more than two
164	164	representatives from each college or school, including:
165	165	(A) one member appointed by the president of the
166	166	institution; and
167	167	(B) one member elected by a vote of the faculty of
168	168	the member's respective college or school.
169	169	(c) A faculty council or senate is advisory only. A faculty
170	170	council or senate shall represent the entire faculty of the
171	171	institution of higher education and advise the institution
172	172	administration and any system administration regarding matters
173	173	related to the general welfare of the institution. A faculty
174	174	council or senate may not publish a report on any matter not
175	175	directly related to the council's or senate's duties.
176	176	(d) Before the adoption or implementation of each proposal
177	177	or recommendation made by the faculty council or senate, the
178	178	governing board of the institution of higher education, the
179	179	institution administration, and any system administration must
180	180	review the proposal or recommendation. The institution shall,
181	181	under the direction of the institution's governing board, have
182	182	final decision-making authority regarding the adoption or
183	183	implementation of a proposal or recommendation made by the council
184	184	or senate.
185	185	(e) Service on the faculty council or senate is an
186	186	additional duty of the faculty member's employment. Members of the
187	187	faculty council or senate are not entitled to compensation or
188	188	reimbursement of expenses.
189	189	(f) A member of the faculty council or senate serves a
190	190	one-year term and may be reappointed only after the fourth
191	191	anniversary of the member's most recent term of service.
192	192	(g) The president of the institution of higher education,
193	193	with the advice and consent of the governing board, shall appoint a
194	194	presiding officer, associate presiding officer, and secretary from
195	195	the members of the faculty council or senate.
196	196	(h) The presiding officer appointed under Subsection (g)
197	197	shall preside over meetings of the faculty council or senate and
198	198	represent the council or senate in official communications with the
199	199	institution administration and any system administration.
200	200	(i) Chapter 2110, Government Code, does not apply to a
201	201	faculty council or senate.
202	202	(j) Chapter 551, Government Code, applies to a faculty
203	203	council or senate. A faculty council or senate may meet by
204	204	telephone conference call or video conference call subject to the
205	205	requirements of that chapter.
206	206	(k) The faculty council or senate shall broadcast over the
207	207	Internet live video and audio, as applicable, of each open meeting
208	208	of the council or senate if more than 50 percent of the members of
209	209	the council or senate are in attendance.
210	210	(l) The faculty council or senate shall adopt rules for
211	211	establishing a quorum.
212	212	(m) The following shall be made available to the public on
213	213	the institution of higher education's Internet website not later
214	214	than the seventh day before a meeting of the faculty council or
215	215	senate:
216	216	(1) an agenda for the meeting with sufficient detail
217	217	to indicate the items on which final action is contemplated; and
218	218	(2) any curriculum proposals reviewed by the council
219	219	or senate that will be discussed or voted on at the meeting.
220	220	(n) The names of the members in attendance must be recorded
221	221	at a meeting in which the faculty council or senate conducts
222	222	business related to:
223	223	(1) a vote of no confidence regarding an institution
224	224	or system administrator; or
225	225	(2) policies related to curriculum and academic
226	226	standards.
227	227	Sec. 51.3523. ADDITIONAL RESPONSIBILITIES FOR MEMBERS OF
228	228	GOVERNING BOARD. (a) The governing board of an institution of
229	229	higher education shall approve or deny each of the following on an
230	230	individual basis:
231	231	(1) each recommendation made by a faculty council or
232	232	senate at an institution of higher education under the board's
233	233	control and management on a matter related to curriculum or
234	234	academic standards or policies; and
235	235	(2) each posting or other advertisement for a tenured
236	236	faculty position in a field other than science, technology,
237	237	engineering, or mathematics at each institution under the board's
238	238	control and management.
239	239	(b) The governing board of an institution of higher
240	240	education shall post on the institution's Internet website notice
241	241	of each meeting at which a posting or other advertisement for a
242	242	tenured faculty position in a field other than science, technology,
243	243	engineering, or mathematics will be considered at least seven
244	244	business days before the meeting.
245	245	Sec. 51.3524. INFORMATION FOR GOVERNING BOARD APPOINTEES.
246	246	In appointing members to the governing board of an institution of
247	247	higher education, the governor shall:
248	248	(1) provide to each applicant for appointment detailed
249	249	written information regarding:
250	250	(A) the average number of regular and
251	251	special-called meetings an appointee may be required to participate
252	252	in;
253	253	(B) the average amount of time an appointee may
254	254	be required to dedicate to the appointee's duties outside of
255	255	regular meetings, including to study materials and research issues
256	256	brought before the governing board; and
257	257	(C) the average number of reporting requirements
258	258	for members of governing boards; and
259	259	(2) consider imposing strict eligibility
260	260	requirements, including:
261	261	(A) requiring an extensive record of service and
262	262	experience on a state board;
263	263	(B) limiting the number of state boards on which
264	264	an appointee may concurrently serve; and
265	265	(C) avoiding conflicts of interest.
266	266	SECTION 4. Subchapter Z, Chapter 51, Education Code, is
267	267	amended by adding Section 51.989 to read as follows:
268	268	Sec. 51.989. REVIEW OF MINOR DEGREE AND CERTIFICATE
269	269	PROGRAMS. (a) In this section, "governing board" and "institution
270	270	of higher education" have the meanings assigned by Section 61.003.
271	271	(b) The president and provost of an institution of higher
272	272	education shall jointly develop a process for reviewing minor
273	273	degree and certificate programs offered by the institution to
274	274	identify programs with low enrollment that may require
275	275	consolidation or elimination.
276	276	(c) The criteria for review under Subsection (b) must
277	277	require that:
278	278	(1) for undergraduate minor degree and certificate
279	279	programs to avoid consideration for consolidation or elimination:
280	280	(A) at least 10 students have completed the
281	281	program in the two years preceding the date the review process is
282	282	conducted; or
283	283	(B) at least five students are enrolled in the
284	284	program at the time the review process is conducted and at least
285	285	five students have completed the program in the two years preceding
286	286	the date the review process is conducted;
287	287	(2) for graduate minor degree and certificate programs
288	288	to avoid consideration for consolidation or elimination, at least
289	289	three students are enrolled in the program at the time the review
290	290	process is conducted and at least three students have completed the
291	291	program in the two years preceding the date the review process is
292	292	conducted; and
293	293	(3) minor degree and certificate programs have
294	294	specific industry data to substantiate workforce demand to avoid
295	295	consideration for consolidation or elimination.
296	296	(d) A minor degree or certificate program that has operated
297	297	less than six years at the time the president and provost conduct
298	298	the review under this section is exempt from that review.
299	299	(e) The governing board of an institution of higher
300	300	education shall approve or deny any decision made by the president
301	301	or provost of the institution to consolidate or eliminate a minor
302	302	degree or certificate program as a result of the review conducted
303	303	under this section.
304	304	(f) The president and provost of an institution of higher
305	305	education shall conduct a review under this section once every four
306	306	years.
307	307	SECTION 5. Section 61.084, Education Code, is amended by
308	308	amending Subsection (d) and adding Subsection (i) to read as
309	309	follows:
310	310	(d) The content of the instruction at the training program
311	311	shall focus on the official role and duties of the members of
312	312	governing boards and shall provide training in the areas of
313	313	budgeting, policy development, ethics, and governance. Topics
314	314	covered by the training program must include:
315	315	(1) auditing procedures and recent audits of
316	316	institutions of higher education;
317	317	(2) the enabling legislation that creates
318	318	institutions of higher education;
319	319	(3) the role of the governing board at institutions of
320	320	higher education and the relationship between the governing board
321	321	and an institution's administration, faculty and staff, and
322	322	students, including limitations on the authority of the governing
323	323	board;
324	324	(4) the mission statements of institutions of higher
325	325	education;
326	326	(5) disciplinary and investigative authority of the
327	327	governing board;
328	328	(6) the requirements of the open meetings law, Chapter
329	329	551, Government Code, and the open records law, Chapter 552,
330	330	Government Code;
331	331	(7) the requirements of conflict of interest laws and
332	332	other laws relating to public officials;
333	333	(8) any applicable ethics policies adopted by
334	334	institutions of higher education or the Texas Ethics Commission;
335	335	(9) the requirements of laws relating to the
336	336	protection of student information under the Family Educational
337	337	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or any
338	338	other federal or state law relating to the privacy of student
339	339	information; [and]
340	340	(10) an overview of the legislature, the General
341	341	Appropriations Act, and the state budget as those topics relate to
342	342	the responsibilities of the governing board;
343	343	(11) an emphasis on the commitment the members of the
344	344	governing board are making to:
345	345	(A) the institutions of higher education under
346	346	the board's control and management and, if applicable, the
347	347	university system;
348	348	(B) this state; and
349	349	(C) taxpayers of this state; and
350	350	(12) any other topic relating to higher education the
351	351	board considers important.
352	352	(i) On completion of a training program under this section,
353	353	a member of a governing board shall provide a sworn statement
354	354	affirming the member's understanding of the member's duties and
355	355	responsibilities.
356	356	SECTION 6. Section 51.942(c-3), Education Code, is amended
357	357	to read as follows:
358	358	(c-3) In addition to any other provisions adopted by the
359	359	governing board, the policies and procedures adopted by the
360	360	governing board under Subsection (c-1) must include provisions
361	361	providing that:
362	362	(1) each tenured faculty member at the institution be
363	363	subject to a comprehensive performance evaluation process
364	364	conducted no more often than once every year, but no less often than
365	365	once every six years, after the date the faculty member was granted
366	366	tenure or received an academic promotion at the institution;
367	367	(2) the comprehensive performance evaluation be based
368	368	on the professional responsibilities of the faculty member, in
369	369	teaching, research, service, patient care, and administration, and
370	370	include peer review of the faculty member;
371	371	(3) the comprehensive performance evaluation process
372	372	be directed toward the professional development of the faculty
373	373	member;
374	374	(4) the comprehensive performance evaluation process
375	375	incorporate commonly recognized academic due process rights,
376	376	including notice of the manner and scope of the comprehensive
377	377	performance evaluation, the opportunity to provide documentation
378	378	during the comprehensive performance evaluation process, and,
379	379	before a faculty member may be subject to disciplinary action on the
380	380	basis of a comprehensive performance evaluation conducted under
381	381	this subsection, notice of specific charges and an opportunity for
382	382	hearing on those charges;
383	383	(5) a faculty member be subject to revocation of
384	384	tenure or other appropriate disciplinary action if, during the
385	385	comprehensive performance evaluation, incompetency, neglect of
386	386	duty, or other good cause is determined to be present; [and]
387	387	(6) for a faculty member who receives an
388	388	unsatisfactory rating in any area of any evaluation conducted under
389	389	this section, the evaluation process provide for a short-term
390	390	development plan that includes performance benchmarks for
391	391	returning to satisfactory performance; and
392	392	(7) a faculty member may not be involved in
393	393	decision-making in a grievance review process or faculty discipline
394	394	process.
395	395	SECTION 7. Subtitle D, Title 4, Government Code, is amended
396	396	by adding Chapter 454 to read as follows:
397	397	CHAPTER 454. OFFICE OF EXCELLENCE IN HIGHER EDUCATION
398	398	Sec. 454.001. DEFINITIONS. In this chapter:
399	399	(1) "Institution of higher education" has the meaning
400	400	assigned by Section 61.003, Education Code.
401	401	(2) "Office" means the Office of Excellence in Higher
402	402	Education established under this chapter.
403	403	Sec. 454.002. ESTABLISHMENT. (a) The Office of Excellence
404	404	in Higher Education is established to address matters of academic
405	405	discourse at institutions of higher education in this state.
406	406	(b) The office is administratively attached to the Texas
407	407	Higher Education Coordinating Board.
408	408	Sec. 454.003. DIRECTOR. The director of the office is
409	409	appointed by the governor with the advice and consent of the senate
410	410	and serves at the pleasure of the governor.
411	411	Sec. 454.004. POWERS AND DUTIES. (a) The office shall
412	412	serve as an intermediary between the legislature, the public, and
413	413	institutions of higher education, including by answering questions
414	414	from the public and the legislature regarding an institution of
415	415	higher education's obligations to students, faculty, employees,
416	416	and the public.
417	417	(b) The office shall be responsible for receiving and, as
418	418	necessary, investigating reports of noncompliance by institutions
419	419	of higher education with state law or institution policy. In
420	420	investigating a report of noncompliance regarding an institution
421	421	received under this section, the office may request information
422	422	from the institution or the university system in which the
423	423	institution is a component, if applicable.
424	424	(c) An institution of higher education shall respond in
425	425	writing to the office's written request for information not later
426	426	than the 30th day after the date the institution receives the
427	427	request. The office shall report an institution that fails to
428	428	timely respond to a request under this subsection to the governor,
429	429	the lieutenant governor, and the chair of each standing committee
430	430	of the legislature with primary jurisdiction over higher education.
431	431	(d) Based on findings related to an investigation under this
432	432	section, the office shall submit to the attorney general and the
433	433	governing board of an institution of higher education that is the
434	434	subject of an investigation under this section a report that
435	435	includes the office's final determination regarding the
436	436	investigation and recommendations for action based on the
437	437	conclusions of the investigation.
438	438	(e) The office may:
439	439	(1) require cooperation from an institution of higher
440	440	education in an investigation under this section; and
441	441	(2) publicize a violation of law by an institution of
442	442	higher education that is confirmed by an investigation.
443	443	Sec. 454.005. ANNUAL REPORT. The office shall annually
444	444	submit a report to the governor, the lieutenant governor, the
445	445	attorney general, and the chair of each standing committee of the
446	446	legislature with jurisdiction over higher education regarding:
447	447	(1) the number of reports of noncompliance received by
448	448	the office;
449	449	(2) the number of investigations conducted by the
450	450	office; and
451	451	(3) a summary of the results of investigations
452	452	described by Subdivision (2).
453	453	SECTION 8. (a) Except as provided by Subsection (b) of this
454	454	section, this Act applies beginning with the 2025-2026 academic
455	455	year.
456	456	(b) Sections 51.315(j) and 51.352(i), Education Code, as
457	457	added by this Act, apply beginning with money appropriated to a
458	458	public institution of higher education for the state fiscal year
459	459	beginning September 1, 2026.
460	460	SECTION 9. Each general education review committee
461	461	established at a public institution of higher education in
462	462	accordance with Section 51.315, Education Code, as added by this
463	463	Act, must provide the committee's initial recommendations not later
464	464	than June 1, 2027.
465	465	SECTION 10. A faculty council or senate established at a
466	466	public institution of higher education before the effective date of
467	467	this Act is abolished on October 1, 2025, unless:
468	468	(1) the faculty council or senate was established in
469	469	the manner prescribed by Section 51.3522, Education Code, as added
470	470	by this Act; or
471	471	(2) the faculty council's or senate's continuation is
472	472	ratified by the institution's governing board before that date
473	473	based on a finding by the governing board that the faculty council
474	474	or senate meets the requirements of any policy adopted by the
475	475	governing board under that section.
476	476	SECTION 11. This Act takes effect immediately if it
477	477	receives a vote of two-thirds of all the members elected to each
478	478	house, as provided by Section 39, Article III, Texas Constitution.
479	479	If this Act does not receive the vote necessary for immediate
480	480	effect, this Act takes effect September 1, 2025.