Texas 2025 - 89th Regular

Texas House Bill HB4997 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15342 MM-D
2	2	By: Reynolds H.B. No. 4997
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the tenure and employment of faculty members at certain
10	10	public institutions of higher education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 51.942, Education Code,
13	13	is amended to read as follows:
14	14	Sec. 51.942. PERFORMANCE EVALUATION OF TENURED FACULTY
15	15	[TENURE].
16	16	SECTION 2. Section 51.942(a)(1), Education Code, is amended
17	17	to read as follows:
18	18	(1) "Governing board" has [and "university system"
19	19	have] the meaning [meanings] assigned by Section 61.003.
20	20	SECTION 3. Section 51.942, Education Code, is amended by
21	21	amending Subsections (b), (c), (c-1), (c-2), and (c-3) and adding
22	22	Subsection (d) to read as follows:
23	23	(b) [Only an institution of higher education's governing
24	24	board, on the recommendation of the institution's chief executive
25	25	officer and the university system's chancellor, if applicable, may
26	26	grant tenure.
27	27	[(c) The granting of tenure may not be construed to create a
28	28	property interest in any attribute of a faculty position beyond a
29	29	faculty member's continuing employment, including his or her
30	30	regular annual salary and any privileges incident to his or her
31	31	status as a tenured professor.
32	32	[(c-1)] Each governing board of an institution of higher
33	33	education shall adopt policies and procedures providing [regarding
34	34	tenure. The policies and procedures must:
35	35	[(1) address the granting of tenure;
36	36	[(2) allow for the dismissal of a tenured faculty
37	37	member at any time after providing the faculty member with
38	38	appropriate due process, on a determination that:
39	39	[(A) the faculty member has:
40	40	[(i) exhibited professional incompetence;
41	41	[(ii) continually or repeatedly failed to
42	42	perform duties or meet professional responsibilities of the faculty
43	43	member's position;
44	44	[(iii) failed to successfully complete any
45	45	post-tenure review professional development program;
46	46	[(iv) engaged in conduct involving moral
47	47	turpitude that adversely affects the institution or the faculty
48	48	member's performance of duties or meeting of responsibilities;
49	49	[(v) violated laws or university system or
50	50	institution policies substantially related to the performance of
51	51	the faculty member's duties;
52	52	[(vi) been convicted of a crime affecting
53	53	the fitness of the faculty member to engage in teaching, research,
54	54	service, outreach, or administration;
55	55	[(vii) engaged in unprofessional conduct
56	56	that adversely affects the institution or the faculty member's
57	57	performance of duties or meeting of responsibilities; or
58	58	[(viii) falsified the faculty member's
59	59	academic credentials;
60	60	[(B) there is actual financial exigency or the
61	61	phasing out of the institution's programs requiring elimination of
62	62	the faculty member's position; or
63	63	[(C) there is other good cause as defined in the
64	64	institution's policies; and
65	65	[(3) provide] for a periodic performance evaluation
66	66	process for all tenured faculty at the institution.
67	67	[(c-2)] The governing board may design its policies and
68	68	procedures to fit the institution's particular educational
69	69	mission, traditions, resources, and circumstances relevant to the
70	70	institution's character, role, and scope, in addition to other
71	71	relevant factors determined by the governing board in the policies
72	72	and procedures adopted under this section. The governing board
73	73	shall seek advice and comment from the institution's faculty before
74	74	adopting any policies and procedures under this section. The
75	75	advice and comment from the faculty on the performance evaluation
76	76	of tenured faculty shall be given the utmost consideration by the
77	77	governing board.
78	78	(c) [(c-3)] In addition to any other provisions adopted by
79	79	the governing board, the policies and procedures adopted by the
80	80	governing board under Subsection (b) [(c-1)] must include
81	81	provisions providing that:
82	82	(1) each tenured faculty member at the institution be
83	83	subject to a comprehensive performance evaluation process
84	84	conducted no more often than once every year, but no less often than
85	85	once every six years, after the date the faculty member was granted
86	86	tenure or received an academic promotion at the institution;
87	87	(2) the comprehensive performance evaluation be based
88	88	on the professional responsibilities of the faculty member, in
89	89	teaching, research, service, patient care, and administration, and
90	90	include peer review of the faculty member;
91	91	(3) the comprehensive performance evaluation process
92	92	be directed toward the professional development of the faculty
93	93	member;
94	94	(4) the comprehensive performance evaluation process
95	95	incorporate commonly recognized academic due process rights,
96	96	including notice of the manner and scope of the comprehensive
97	97	performance evaluation, the opportunity to provide documentation
98	98	during the comprehensive performance evaluation process, and,
99	99	before a faculty member may be subject to disciplinary action on the
100	100	basis of a comprehensive performance evaluation conducted under
101	101	this subsection, notice of specific charges and an opportunity for
102	102	hearing on those charges; and
103	103	(5) a faculty member be subject to revocation of
104	104	tenure or other appropriate disciplinary action if, during the
105	105	comprehensive performance evaluation, incompetency, neglect of
106	106	duty, or other good cause is determined to be present [; and
107	107	[(6) for a faculty member who receives an
108	108	unsatisfactory rating in any area of any evaluation conducted under
109	109	this section, the evaluation process provide for a short-term
110	110	development plan that includes performance benchmarks for
111	111	returning to satisfactory performance].
112	112	(d) A faculty member subject to termination on the basis of
113	113	an evaluation conducted under this section must be given the
114	114	opportunity for referral of the matter to a nonbinding alternative
115	115	dispute resolution process as described in Chapter 154, Civil
116	116	Practice and Remedies Code. If both parties agree, another type of
117	117	alternative dispute resolution method may be elected. The governing
118	118	board must give specific reasons in writing for any decision to
119	119	terminate a faculty member on the basis of an evaluation conducted
120	120	under this section.
121	121	SECTION 4. The following provisions of the Education Code
122	122	are repealed:
123	123	(1) Section 51.942(a)(4); and
124	124	(2) Section 51.942(c-4).
125	125	SECTION 5. This Act takes effect September 1, 2025.