1 | 1 | | 89R9252 MM-D |
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2 | 2 | | By: Bettencourt S.B. No. 1489 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the governance of public institutions of higher |
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10 | 10 | | education, including the establishment of a faculty council or |
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11 | 11 | | senate and the decision-making authority of public institutions of |
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12 | 12 | | higher education. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter G, Chapter 51, Education Code, is |
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15 | 15 | | amended by adding Sections 51.3522 and 51.3523 to read as follows: |
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16 | 16 | | Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this |
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17 | 17 | | section, "faculty council or senate" means a representative faculty |
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18 | 18 | | organization directly elected by the general faculty or colleges |
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19 | 19 | | and schools of an institution of higher education. |
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20 | 20 | | (b) Only the governing board of an institution of higher |
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21 | 21 | | education may establish or authorize the establishment of a faculty |
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22 | 22 | | council or senate at the institution. |
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23 | 23 | | (c) A faculty council or senate is advisory only. A faculty |
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24 | 24 | | council or senate may not: |
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25 | 25 | | (1) be delegated final decision-making authority on |
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26 | 26 | | any matter; or |
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27 | 27 | | (2) take action on behalf of the institution, |
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28 | 28 | | including approving personnel action or conducting an |
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29 | 29 | | investigation. |
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30 | 30 | | (d) Unless directed otherwise by the institution's |
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31 | 31 | | governing board, a faculty council or senate shall report to the |
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32 | 32 | | institution's president or other chief executive officer. |
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33 | 33 | | (e) Chapter 2110, Government Code, does not apply to a |
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34 | 34 | | faculty council or senate. |
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35 | 35 | | Sec. 51.3523. FACULTY COUNCIL OR SENATE MEETINGS OPEN TO |
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36 | 36 | | PUBLIC. (a) A faculty council or senate established in accordance |
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37 | 37 | | with Section 51.3522 shall conduct meetings at which a quorum is |
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38 | 38 | | present in a manner that is open to the public and in accordance |
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39 | 39 | | with procedures prescribed by the president of the institution. |
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40 | 40 | | (b) The procedures prescribed by the president must: |
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41 | 41 | | (1) provide for notice of the date, hour, place, and |
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42 | 42 | | subject of the meeting at least 72 hours before the meeting is |
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43 | 43 | | convened; and |
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44 | 44 | | (2) require that the notice be: |
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45 | 45 | | (A) posted on the Internet; and |
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46 | 46 | | (B) published in a student newspaper of the |
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47 | 47 | | institution, if an issue of the newspaper is published between the |
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48 | 48 | | time of the Internet posting and the time of the meeting. |
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49 | 49 | | (c) Any vote taken by a faculty council or senate must be |
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50 | 50 | | recorded and made public. |
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51 | 51 | | SECTION 2. Section 51.354, Education Code, is amended to |
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52 | 52 | | read as follows: |
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53 | 53 | | Sec. 51.354. INSTITUTIONAL AUTHORITY AND RESPONSIBILITY. |
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54 | 54 | | (a) The final decision-making authority on matters regarding an |
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55 | 55 | | institution of higher education's degree programs and curricula |
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56 | 56 | | belongs to the institution. The institution shall make the |
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57 | 57 | | decisions on those matters under the direction of the institution's |
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58 | 58 | | governing board. |
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59 | 59 | | (b) In addition to specific responsibilities imposed by |
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60 | 60 | | this code or other law, each institution of higher education has the |
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61 | 61 | | general responsibility to serve the public and, within the |
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62 | 62 | | institution's role and mission, to: |
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63 | 63 | | (1) transmit culture through general education; |
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64 | 64 | | (2) extend knowledge; |
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65 | 65 | | (3) teach and train students for professions; |
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66 | 66 | | (4) provide for scientific, engineering, medical, and |
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67 | 67 | | other academic research; |
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68 | 68 | | (5) protect intellectual exploration and academic |
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69 | 69 | | freedom; |
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70 | 70 | | (6) strive for intellectual excellence; |
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71 | 71 | | (7) provide educational opportunity for all who can |
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72 | 72 | | benefit from postsecondary education and training; and |
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73 | 73 | | (8) provide continuing education opportunities. |
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74 | 74 | | SECTION 3. A faculty council or senate established at a |
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75 | 75 | | public institution of higher education before the effective date of |
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76 | 76 | | this Act is abolished on October 1, 2025, unless: |
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77 | 77 | | (1) the faculty council or senate was established in |
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78 | 78 | | accordance with Section 51.3522, Education Code, as added by this |
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79 | 79 | | Act; or |
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80 | 80 | | (2) the faculty council's or senate's continuation is |
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81 | 81 | | ratified by the institution's governing board before that date. |
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82 | 82 | | SECTION 4. This Act takes effect immediately if it receives |
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83 | 83 | | a vote of two-thirds of all the members elected to each house, as |
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84 | 84 | | provided by Section 39, Article III, Texas Constitution. If this |
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85 | 85 | | Act does not receive the vote necessary for immediate effect, this |
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86 | 86 | | Act takes effect September 1, 2025. |
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