BILL ANALYSIS Senate Research Center S.B. 1489 89R9252 MM-D By: Bettencourt Education K-16 3/18/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In recent years there have been increasing efforts by faculty councils and senates to directly affect decisions of institutions of higher education in ways that are not just advisory in nature. We have seen non-binding resolutions adopted by these bodies that state they will "stand firm against any and all encroachment on faculty authority including by the legislature or the board of regents." These faculty councils and senates however, are not the Texas Senate. They do not hold any authority over the institution's decision making process and in fact, they are not even defined by the laws that govern universities. S.B. 1489 defines faculty council or senate as a representative faculty organization directly elected by the general faculty or colleges and schools of an institution of higher education. It further lays out the process by which a faculty council or senate may be established and clarifies the authority and rules by which they function. S.B. 1489 also establishes that final decision-making authority on matters regarding an institution of higher education's degree programs and curricula belongs to the institution. As proposed, S.B. 1489 amends current law relating to the governance of public institutions of higher education, including the establishment of a faculty council or senate and the decision-making authority of public institutions of higher education. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter G, Chapter 51, Education Code, by adding Sections 51.3522 and 51.3523, as follows: Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) Defines "faculty council or senate." (b) Provides that only the governing board of an institution of higher education (institution) is authorized to establish or authorize the establishment of a faculty council or senate at the institution. (c) Provides that a faculty council or senate is advisory only. Prohibits a faculty council or senate from being delegated final decision-making authority on any matter or taking action on behalf of the institution, including approving personnel action or conducting an investigation. (d) Requires a faculty council or senate, unless directed otherwise by the institution's governing board, to report to the institution's president or other chief executive officer. (e) Provides that Chapter 2110 (State Agency Advisory Committees), Government Code, does not apply to a faculty council or senate. Sec. 51.3523. FACULTY COUNCIL OR SENATE MEETINGS OPEN TO PUBLIC. (a) Requires a faculty council or senate established in accordance with Section 51.3522 to conduct meetings at which a quorum is present in a manner that is open to the public and in accordance with procedures prescribed by the president of the institution. (b) Requires that the procedures prescribed by the president provide for notice of the date, hour, place, and subject of the meeting at least 72 hours before the meeting is convened, and require that the notice be posted on the Internet and published in a student newspaper of the institution, if an issue of the newspaper is published between the time of the Internet posting and the time of the meeting. (c) Requires that any vote taken by a faculty council or senate be recorded and made public. SECTION 2. Amends Section 51.354, Education Code, as follows: Sec. 51.354. New heading: INSTITUTIONAL AUTHORITY AND RESPONSIBILITY. (a) Provides that the final decision-making authority on matters regarding an institution's degree programs and curricula belongs to the institution. Requires the institution to make the decisions on those matters under the direction of the institution's governing board. (b) Creates this subsection from existing text and makes no further changes. SECTION 3. Provides that a faculty council or senate established at a public institution before the effective date of this Act is abolished on October 1, 2025, unless: (1) the faculty council or senate was established in accordance with 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. SECTION 4. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1489
89R9252 MM-D By: Bettencourt
Education K-16
3/18/2025
As Filed
Senate Research Center
S.B. 1489
89R9252 MM-D
By: Bettencourt
Education K-16
3/18/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In recent years there have been increasing efforts by faculty councils and senates to directly affect decisions of institutions of higher education in ways that are not just advisory in nature. We have seen non-binding resolutions adopted by these bodies that state they will "stand firm against any and all encroachment on faculty authority including by the legislature or the board of regents." These faculty councils and senates however, are not the Texas Senate. They do not hold any authority over the institution's decision making process and in fact, they are not even defined by the laws that govern universities.
S.B. 1489 defines faculty council or senate as a representative faculty organization directly elected by the general faculty or colleges and schools of an institution of higher education. It further lays out the process by which a faculty council or senate may be established and clarifies the authority and rules by which they function.
S.B. 1489 also establishes that final decision-making authority on matters regarding an institution of higher education's degree programs and curricula belongs to the institution.
As proposed, S.B. 1489 amends current law relating to the governance of public institutions of higher education, including the establishment of a faculty council or senate and the decision-making authority of public institutions of higher education.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter G, Chapter 51, Education Code, by adding Sections 51.3522 and 51.3523, as follows:
Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) Defines "faculty council or senate."
(b) Provides that only the governing board of an institution of higher education (institution) is authorized to establish or authorize the establishment of a faculty council or senate at the institution.
(c) Provides that a faculty council or senate is advisory only. Prohibits a faculty council or senate from being delegated final decision-making authority on any matter or taking action on behalf of the institution, including approving personnel action or conducting an investigation.
(d) Requires a faculty council or senate, unless directed otherwise by the institution's governing board, to report to the institution's president or other chief executive officer.
(e) Provides that Chapter 2110 (State Agency Advisory Committees), Government Code, does not apply to a faculty council or senate.
Sec. 51.3523. FACULTY COUNCIL OR SENATE MEETINGS OPEN TO PUBLIC. (a) Requires a faculty council or senate established in accordance with Section 51.3522 to conduct meetings at which a quorum is present in a manner that is open to the public and in accordance with procedures prescribed by the president of the institution.
(b) Requires that the procedures prescribed by the president provide for notice of the date, hour, place, and subject of the meeting at least 72 hours before the meeting is convened, and require that the notice be posted on the Internet and published in a student newspaper of the institution, if an issue of the newspaper is published between the time of the Internet posting and the time of the meeting.
(c) Requires that any vote taken by a faculty council or senate be recorded and made public.
SECTION 2. Amends Section 51.354, Education Code, as follows:
Sec. 51.354. New heading: INSTITUTIONAL AUTHORITY AND RESPONSIBILITY. (a) Provides that the final decision-making authority on matters regarding an institution's degree programs and curricula belongs to the institution. Requires the institution to make the decisions on those matters under the direction of the institution's governing board.
(b) Creates this subsection from existing text and makes no further changes.
SECTION 3. Provides that a faculty council or senate established at a public institution before the effective date of this Act is abolished on October 1, 2025, unless:
(1) the faculty council or senate was established in accordance with 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.
SECTION 4. Effective date: upon passage or September 1, 2025.