89R13937 MM-D
By: Shaheen H.B. No. 4499
A BILL TO BE ENTITLED
AN ACT
relating to the governance of public institutions of higher
education, including review of curriculum and certain degree and
certificate programs, the powers and duties of a faculty council or
senate, training for members of the governing board, and the
establishment of the Office of Excellence in Higher Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 51, Education Code, is
amended by adding Section 51.315 to read as follows:
Sec. 51.315. GENERAL EDUCATION REVIEW COMMITTEE. (a) In
this section:
(1) "Core curriculum" has the meaning assigned by
Section 61.821.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) The governing board of each institution of higher
education shall appoint a general education review committee at
each institution of higher education under the governing board's
control and management to:
(1) annually review the core curriculum at the
institution; and
(2) make recommendations regarding maintaining or
eliminating courses in the institution's core curriculum.
(c) In appointing the members of the general education
review committee under Subsection (b), the governing board of the
institution of higher education may consider recommendations from
the institution's president.
(d) Members of an institution of higher education's general
education review committee may include local industry partners and
tenured faculty of the institution.
(e) In reviewing the institution's core curriculum under
Subsection (b)(1), the general education review committee of an
institution of higher education shall ensure courses in the
curriculum:
(1) are foundational and fundamental to a sound
postsecondary education;
(2) are necessary to prepare students for civic and
professional life;
(3) equip students for participation in the workforce
and in the betterment of society; and
(4) do not endorse specific public policies,
ideologies, or legislation.
(f) The general education review committee of an
institution of higher education shall:
(1) identify competencies in addition to successful
completion of the core curriculum that the institution may require
students to demonstrate; and
(2) make recommendations to maintain or eliminate
additional competencies required by the institution in accordance
with Subdivision (1).
(g) The governing board of an institution of higher
education shall approve or deny on an individual basis any
recommendation made by the institution's general education review
committee under Subsection (b)(2).
(h) An institution of higher education shall make
recommendations made by the institution's general education review
committee publicly available on the institution's Internet website
for at least 30 business days before the date of a meeting at which
the institution's governing board intends to consider the
recommendations.
(i) Not later than September 1 of each year, the governing
board of each institution of higher education shall certify the
governing board's compliance with this section to the Office of
Excellence in Higher Education established under Chapter 454,
Government Code.
(j) An institution of higher education may not spend money
appropriated to the institution for a state fiscal year until the
governing board of the institution submits to the legislature and
the Texas Higher Education Coordinating Board a report certifying
the governing board's compliance with this section during the
preceding state fiscal year.
SECTION 2. Section 51.352, Education Code, is amended by
amending Subsection (d) and adding Subsections (g), (h), (i), and
(j) to read as follows:
(d) In addition to powers and duties specifically granted by
this code or other law, each governing board shall:
(1) establish, for each institution under its control
and management, goals consistent with the role and mission of the
institution;
(2) appoint the chancellor or other chief executive
officer of the system, if the board governs a university system;
(3) appoint the president or other chief executive
officer of each institution under the board's control and
management [and evaluate the chief executive officer of each
component institution and assist the officer in the achievement of
performance goals];
(4) approve or deny the hiring of an individual for the
position of vice president, provost, associate or assistant
provost, dean, or a similar leadership position by each institution
under the board's control and management;
(5) regularly evaluate the chief executive officer,
president, and each individual who holds a leadership position
described by Subdivision (4) at each institution under the board's
control and management to assist the individual in achieving
performance goals, including:
(A) maintaining or increasing student retention
and graduation rates;
(B) maintaining or increasing the amount of money
available for research; and
(C) making efforts to ensure a variety of
perspectives are represented among administration and faculty;
(6) set campus admission standards consistent with the
role and mission of the institution and considering the admission
standards of similar institutions nationwide having a similar role
and mission, as determined by the coordinating board; and
(7) [(5)] ensure that its formal position on matters
of importance to the institutions under its governance is made
clear to the coordinating board when such matters are under
consideration by the coordinating board.
(g) The governing board of an institution of higher
education may overturn any decision made by the administration of a
campus under the board's control and management.
(h) The governing board of an institution of higher
education shall post on the institution's Internet website notice
of any meeting at which the board will consider finalists for a
position described by Subsection (d)(4) at least 30 business days
before the date of the meeting. The notice must include the
curriculum vitae for each individual under consideration for the
position at the meeting that lists the individual's postsecondary
education, teaching experience, significant professional
publications, and professional or academic association
memberships.
(i) An institution of higher education may not spend money
appropriated to the institution for a state fiscal year until the
governing board of the institution submits to the legislature and
the Texas Higher Education Coordinating Board a report certifying
the board's compliance with Subsections (d)(2), (3), (4), (5), (6),
and (7) during the preceding state fiscal year.
(j) The governing board of each institution of higher
education shall annually submit to the governor, the lieutenant
governor, the speaker of the house of representatives, and each
member of the legislature a report regarding decisions made by the
governing board for the applicable academic year on:
(1) the hiring of administration and faculty;
(2) curriculum;
(3) any review and evaluation of the institution's
administration; and
(4) any other subject as determined by the governing
board.
SECTION 3. Subchapter G, Chapter 51, Education Code, is
amended by adding Sections 51.3522, 51.3523, and 51.3524 to read as
follows:
Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this
section, "faculty council or senate" means a representative faculty
organization directly elected by the general faculty or colleges
and schools of an institution of higher education.
(b) Only the governing board of an institution of higher
education may establish a faculty council or senate at the
institution. Before establishing the faculty council or senate,
the governing board must adopt a policy governing the election of
the faculty council's or senate's members that:
(1) ensures adequate representation of each college
and school of the institution;
(2) requires the members to be tenured faculty
members; and
(3) limits the number of members to not more than two
representatives from each college or school, including:
(A) one member appointed by the president of the
institution; and
(B) one member elected by a vote of the faculty of
the member's respective college or school.
(c) A faculty council or senate is advisory only. A faculty
council or senate shall represent the entire faculty of the
institution of higher education and advise the institution
administration and any system administration regarding matters
related to the general welfare of the institution. A faculty
council or senate may not publish a report on any matter not
directly related to the council's or senate's duties.
(d) Before the adoption or implementation of each proposal
or recommendation made by the faculty council or senate, the
governing board of the institution of higher education, the
institution administration, and any system administration must
review the proposal or recommendation. The institution shall,
under the direction of the institution's governing board, have
final decision-making authority regarding the adoption or
implementation of a proposal or recommendation made by the council
or senate.
(e) Service on the faculty council or senate is an
additional duty of the faculty member's employment. Members of the
faculty council or senate are not entitled to compensation or
reimbursement of expenses.
(f) A member of the faculty council or senate serves a
one-year term and may be reappointed only after the fourth
anniversary of the member's most recent term of service.
(g) The president of the institution of higher education,
with the advice and consent of the governing board, shall appoint a
presiding officer, associate presiding officer, and secretary from
the members of the faculty council or senate.
(h) The presiding officer appointed under Subsection (g)
shall preside over meetings of the faculty council or senate and
represent the council or senate in official communications with the
institution administration and any system administration.
(i) Chapter 2110, Government Code, does not apply to a
faculty council or senate.
(j) Chapter 551, Government Code, applies to a faculty
council or senate. A faculty council or senate may meet by
telephone conference call or video conference call subject to the
requirements of that chapter.
(k) The faculty council or senate shall broadcast over the
Internet live video and audio, as applicable, of each open meeting
of the council or senate if more than 50 percent of the members of
the council or senate are in attendance.
(l) The faculty council or senate shall adopt rules for
establishing a quorum.
(m) The following shall be made available to the public on
the institution of higher education's Internet website not later
than the seventh day before a meeting of the faculty council or
senate:
(1) an agenda for the meeting with sufficient detail
to indicate the items on which final action is contemplated; and
(2) any curriculum proposals reviewed by the council
or senate that will be discussed or voted on at the meeting.
(n) The names of the members in attendance must be recorded
at a meeting in which the faculty council or senate conducts
business related to:
(1) a vote of no confidence regarding an institution
or system administrator; or
(2) policies related to curriculum and academic
standards.
Sec. 51.3523. ADDITIONAL RESPONSIBILITIES FOR MEMBERS OF
GOVERNING BOARD. (a) The governing board of an institution of
higher education shall approve or deny each of the following on an
individual basis:
(1) each recommendation made by a faculty council or
senate at an institution of higher education under the board's
control and management on a matter related to curriculum or
academic standards or policies; and
(2) each posting or other advertisement for a tenured
faculty position in a field other than science, technology,
engineering, or mathematics at each institution under the board's
control and management.
(b) The governing board of an institution of higher
education shall post on the institution's Internet website notice
of each meeting at which a posting or other advertisement for a
tenured faculty position in a field other than science, technology,
engineering, or mathematics will be considered at least seven
business days before the meeting.
Sec. 51.3524. INFORMATION FOR GOVERNING BOARD APPOINTEES.
In appointing members to the governing board of an institution of
higher education, the governor shall:
(1) provide to each applicant for appointment detailed
written information regarding:
(A) the average number of regular and
special-called meetings an appointee may be required to participate
in;
(B) the average amount of time an appointee may
be required to dedicate to the appointee's duties outside of
regular meetings, including to study materials and research issues
brought before the governing board; and
(C) the average number of reporting requirements
for members of governing boards; and
(2) consider imposing strict eligibility
requirements, including:
(A) requiring an extensive record of service and
experience on a state board;
(B) limiting the number of state boards on which
an appointee may concurrently serve; and
(C) avoiding conflicts of interest.
SECTION 4. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.989 to read as follows:
Sec. 51.989. REVIEW OF MINOR DEGREE AND CERTIFICATE
PROGRAMS. (a) In this section, "governing board" and "institution
of higher education" have the meanings assigned by Section 61.003.
(b) The president and provost of an institution of higher
education shall jointly develop a process for reviewing minor
degree and certificate programs offered by the institution to
identify programs with low enrollment that may require
consolidation or elimination.
(c) The criteria for review under Subsection (b) must
require that:
(1) for undergraduate minor degree and certificate
programs to avoid consideration for consolidation or elimination:
(A) at least 10 students have completed the
program in the two years preceding the date the review process is
conducted; or
(B) at least five students are enrolled in the
program at the time the review process is conducted and at least
five students have completed the program in the two years preceding
the date the review process is conducted;
(2) for graduate minor degree and certificate programs
to avoid consideration for consolidation or elimination, at least
three students are enrolled in the program at the time the review
process is conducted and at least three students have completed the
program in the two years preceding the date the review process is
conducted; and
(3) minor degree and certificate programs have
specific industry data to substantiate workforce demand to avoid
consideration for consolidation or elimination.
(d) A minor degree or certificate program that has operated
less than six years at the time the president and provost conduct
the review under this section is exempt from that review.
(e) The governing board of an institution of higher
education shall approve or deny any decision made by the president
or provost of the institution to consolidate or eliminate a minor
degree or certificate program as a result of the review conducted
under this section.
(f) The president and provost of an institution of higher
education shall conduct a review under this section once every four
years.
SECTION 5. Section 61.084, Education Code, is amended by
amending Subsection (d) and adding Subsection (i) to read as
follows:
(d) The content of the instruction at the training program
shall focus on the official role and duties of the members of
governing boards and shall provide training in the areas of
budgeting, policy development, ethics, and governance. Topics
covered by the training program must include:
(1) auditing procedures and recent audits of
institutions of higher education;
(2) the enabling legislation that creates
institutions of higher education;
(3) the role of the governing board at institutions of
higher education and the relationship between the governing board
and an institution's administration, faculty and staff, and
students, including limitations on the authority of the governing
board;
(4) the mission statements of institutions of higher
education;
(5) disciplinary and investigative authority of the
governing board;
(6) the requirements of the open meetings law, Chapter
551, Government Code, and the open records law, Chapter 552,
Government Code;
(7) the requirements of conflict of interest laws and
other laws relating to public officials;
(8) any applicable ethics policies adopted by
institutions of higher education or the Texas Ethics Commission;
(9) the requirements of laws relating to the
protection of student information under the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or any
other federal or state law relating to the privacy of student
information; [and]
(10) an overview of the legislature, the General
Appropriations Act, and the state budget as those topics relate to
the responsibilities of the governing board;
(11) an emphasis on the commitment the members of the
governing board are making to:
(A) the institutions of higher education under
the board's control and management and, if applicable, the
university system;
(B) this state; and
(C) taxpayers of this state; and
(12) any other topic relating to higher education the
board considers important.
(i) On completion of a training program under this section,
a member of a governing board shall provide a sworn statement
affirming the member's understanding of the member's duties and
responsibilities.
SECTION 6. Section 51.942(c-3), Education Code, is amended
to read as follows:
(c-3) In addition to any other provisions adopted by the
governing board, the policies and procedures adopted by the
governing board under Subsection (c-1) must include provisions
providing that:
(1) each tenured faculty member 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 six years, after the date the faculty member was granted
tenure or received an academic promotion at the institution;
(2) the comprehensive performance 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 comprehensive performance evaluation process
be directed toward the professional development of the faculty
member;
(4) the comprehensive performance evaluation process
incorporate commonly recognized academic due process rights,
including notice of the manner and scope of the comprehensive
performance evaluation, the opportunity to provide documentation
during the comprehensive performance evaluation process, and,
before a faculty member may be subject to disciplinary action on the
basis of a comprehensive performance evaluation conducted under
this subsection, notice of specific charges and an opportunity for
hearing on those charges;
(5) a faculty member be subject to revocation of
tenure or other appropriate disciplinary action if, during the
comprehensive performance evaluation, incompetency, neglect of
duty, or other good cause is determined to be present; [and]
(6) for a faculty member who receives an
unsatisfactory rating in any area of any evaluation conducted under
this section, the evaluation process provide for a short-term
development plan that includes performance benchmarks for
returning to satisfactory performance; and
(7) a faculty member may not be involved in
decision-making in a grievance review process or faculty discipline
process.
SECTION 7. Subtitle D, Title 4, Government Code, is amended
by adding Chapter 454 to read as follows:
CHAPTER 454. OFFICE OF EXCELLENCE IN HIGHER EDUCATION
Sec. 454.001. DEFINITIONS. In this chapter:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(2) "Office" means the Office of Excellence in Higher
Education established under this chapter.
Sec. 454.002. ESTABLISHMENT. (a) The Office of Excellence
in Higher Education is established to address matters of academic
discourse at institutions of higher education in this state.
(b) The office is administratively attached to the Texas
Higher Education Coordinating Board.
Sec. 454.003. DIRECTOR. The director of the office is
appointed by the governor with the advice and consent of the senate
and serves at the pleasure of the governor.
Sec. 454.004. POWERS AND DUTIES. (a) The office shall
serve as an intermediary between the legislature, the public, and
institutions of higher education, including by answering questions
from the public and the legislature regarding an institution of
higher education's obligations to students, faculty, employees,
and the public.
(b) The office shall be responsible for receiving and, as
necessary, investigating reports of noncompliance by institutions
of higher education with state law or institution policy. In
investigating a report of noncompliance regarding an institution
received under this section, the office may request information
from the institution or the university system in which the
institution is a component, if applicable.
(c) An institution of higher education shall respond in
writing to the office's written request for information not later
than the 30th day after the date the institution receives the
request. The office shall report an institution that fails to
timely respond to a request under this subsection to the governor,
the lieutenant governor, and the chair of each standing committee
of the legislature with primary jurisdiction over higher education.
(d) Based on findings related to an investigation under this
section, the office shall submit to the attorney general and the
governing board of an institution of higher education that is the
subject of an investigation under this section a report that
includes the office's final determination regarding the
investigation and recommendations for action based on the
conclusions of the investigation.
(e) The office may:
(1) require cooperation from an institution of higher
education in an investigation under this section; and
(2) publicize a violation of law by an institution of
higher education that is confirmed by an investigation.
Sec. 454.005. ANNUAL REPORT. The office shall annually
submit a report to the governor, the lieutenant governor, the
attorney general, and the chair of each standing committee of the
legislature with jurisdiction over higher education regarding:
(1) the number of reports of noncompliance received by
the office;
(2) the number of investigations conducted by the
office; and
(3) a summary of the results of investigations
described by Subdivision (2).
SECTION 8. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2025-2026 academic
year.
(b) Sections 51.315(j) and 51.352(i), Education Code, as
added by this Act, apply beginning with money appropriated to a
public institution of higher education for the state fiscal year
beginning September 1, 2026.
SECTION 9. Each general education review committee
established at a public institution of higher education in
accordance with Section 51.315, Education Code, as added by this
Act, must provide the committee's initial recommendations not later
than June 1, 2027.
SECTION 10. A faculty council or senate established at a
public institution of higher education before the effective date of
this Act is abolished on October 1, 2025, unless:
(1) the faculty council or senate was established in
the manner prescribed by Section 51.3522, Education Code, as added
by this Act; or
(2) the faculty council's or senate's continuation is
ratified by the institution's governing board before that date
based on a finding by the governing board that the faculty council
or senate meets the requirements of any policy adopted by the
governing board under that section.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.