Texas 2025 - 89th Regular

Texas Senate Bill SB1489 Compare Versions

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11 89R9252 MM-D
22 By: Bettencourt S.B. No. 1489
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the governance of public institutions of higher
1010 education, including the establishment of a faculty council or
1111 senate and the decision-making authority of public institutions of
1212 higher education.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subchapter G, Chapter 51, Education Code, is
1515 amended by adding Sections 51.3522 and 51.3523 to read as follows:
1616 Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this
1717 section, "faculty council or senate" means a representative faculty
1818 organization directly elected by the general faculty or colleges
1919 and schools of an institution of higher education.
2020 (b) Only the governing board of an institution of higher
2121 education may establish or authorize the establishment of a faculty
2222 council or senate at the institution.
2323 (c) A faculty council or senate is advisory only. A faculty
2424 council or senate may not:
2525 (1) be delegated final decision-making authority on
2626 any matter; or
2727 (2) take action on behalf of the institution,
2828 including approving personnel action or conducting an
2929 investigation.
3030 (d) Unless directed otherwise by the institution's
3131 governing board, a faculty council or senate shall report to the
3232 institution's president or other chief executive officer.
3333 (e) Chapter 2110, Government Code, does not apply to a
3434 faculty council or senate.
3535 Sec. 51.3523. FACULTY COUNCIL OR SENATE MEETINGS OPEN TO
3636 PUBLIC. (a) A faculty council or senate established in accordance
3737 with Section 51.3522 shall conduct meetings at which a quorum is
3838 present in a manner that is open to the public and in accordance
3939 with procedures prescribed by the president of the institution.
4040 (b) The procedures prescribed by the president must:
4141 (1) provide for notice of the date, hour, place, and
4242 subject of the meeting at least 72 hours before the meeting is
4343 convened; and
4444 (2) require that the notice be:
4545 (A) posted on the Internet; and
4646 (B) published in a student newspaper of the
4747 institution, if an issue of the newspaper is published between the
4848 time of the Internet posting and the time of the meeting.
4949 (c) Any vote taken by a faculty council or senate must be
5050 recorded and made public.
5151 SECTION 2. Section 51.354, Education Code, is amended to
5252 read as follows:
5353 Sec. 51.354. INSTITUTIONAL AUTHORITY AND RESPONSIBILITY.
5454 (a) The final decision-making authority on matters regarding an
5555 institution of higher education's degree programs and curricula
5656 belongs to the institution. The institution shall make the
5757 decisions on those matters under the direction of the institution's
5858 governing board.
5959 (b) In addition to specific responsibilities imposed by
6060 this code or other law, each institution of higher education has the
6161 general responsibility to serve the public and, within the
6262 institution's role and mission, to:
6363 (1) transmit culture through general education;
6464 (2) extend knowledge;
6565 (3) teach and train students for professions;
6666 (4) provide for scientific, engineering, medical, and
6767 other academic research;
6868 (5) protect intellectual exploration and academic
6969 freedom;
7070 (6) strive for intellectual excellence;
7171 (7) provide educational opportunity for all who can
7272 benefit from postsecondary education and training; and
7373 (8) provide continuing education opportunities.
7474 SECTION 3. A faculty council or senate established at a
7575 public institution of higher education before the effective date of
7676 this Act is abolished on October 1, 2025, unless:
7777 (1) the faculty council or senate was established in
7878 accordance with Section 51.3522, Education Code, as added by this
7979 Act; or
8080 (2) the faculty council's or senate's continuation is
8181 ratified by the institution's governing board before that date.
8282 SECTION 4. This Act takes effect immediately if it receives
8383 a vote of two-thirds of all the members elected to each house, as
8484 provided by Section 39, Article III, Texas Constitution. If this
8585 Act does not receive the vote necessary for immediate effect, this
8686 Act takes effect September 1, 2025.