By: Creighton, Hagenbuch S.B. No. 37
(In the Senate - Filed March 13, 2025; March 17, 2025, read
first time and referred to Committee on Education K-16;
April 8, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 1; April 8, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 37 By: Paxton
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, a faculty council or senate, training for
members of the governing board, and the establishment of the Texas
Higher Education Coordinating Board Office of the Ombudsman;
authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 51, Education Code, is
amended by adding Sections 51.315 and 51.316 to read as follows:
Sec. 51.315. GENERAL EDUCATION CURRICULUM REVIEW. (a) In
this section:
(1) "General education curriculum" means a core
curriculum, as that term is defined by Section 61.821, and any other
curriculum or competency all undergraduate students of an
institution of higher education are required to complete before
receiving an undergraduate degree.
(2) "Governing board" and "institution of higher
education" have the meanings assigned by Section 61.003.
(b) The governing board of each institution of higher
education shall conduct a comprehensive review of the general
education curriculum and other graduation requirements established
by the institution at least once every five years. In reviewing an
institution's core curriculum, the governing board 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;
(4) ensure a breadth of knowledge in compliance with
applicable accreditation standards; and
(5) do not distort significant historical events or
include a curriculum that:
(A) teaches identity politics;
(B) teaches that individuals of one race are
inherently superior to individuals of another race or that
individuals of one race bear personal or collective responsibility
for actions committed by other individuals of the same race;
(C) is based on a theory that systemic racism,
sexism, oppression, or privilege is inherent in the institutions of
the United States or this state or was created to maintain social,
political, or economic inequities; or
(D) requires or attempts to require students to
adopt an ideology.
(c) In reviewing the general education curriculum and other
graduation requirements for an institution of higher education
under Subsection (b), the governing board of the institution shall
consider the potential costs the curriculum or requirements may
impose on students, including for additional tuition, fees, and
time a student must spend to complete an undergraduate degree
program at the institution.
(d) The governing board of an institution of higher
education may appoint a committee to assist the governing board in
carrying out its duties under this section, including by making
recommendations to the governing board. Members of the committee
may include:
(1) faculty employed full-time by the institution;
(2) institution administrators;
(3) community leaders;
(4) industry representatives; and
(5) other individuals selected by the governing board.
(e) Not later than January 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 Texas Higher
Education Coordinating Board and each standing legislative
committee and subcommittee with primary jurisdiction over higher
education.
Sec. 51.316. DEGREE PROGRAM REVIEW PROCEDURE. (a) In this
section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Governing board" and "institution of higher
education" have the meanings assigned by Section 61.003.
(b) Every five years, the coordinating board shall:
(1) conduct a review to determine the return on
investment for students and manageable student debt levels for
degree programs at each institution of higher education; and
(2) prepare and provide to the governing board of each
institution of higher education a report on the review conducted
under Subdivision (1) for the institution.
(c) After each review under Subsection (b)(1), the
coordinating board shall determine recommended thresholds for each
reviewed degree program based on the coordinating board's
manageable student debt and return on investment analysis under
that subdivision in a manner consistent with the goals of the
coordinating board's higher education strategic plan and recommend
one of the following performance ratings for the program:
(1) "reward";
(2) "monitor";
(3) "sanction"; or
(4) "sunset".
(d) The governing board of each institution of higher
education shall assign a performance rating to each degree program
offered by the institution based on the coordinating board's
recommendation under Subsection (c).
(e) An institution of higher education may not use money
appropriated by the legislature to provide a degree program that
receives a "sanction" rating under Subsection (d) beginning with
the academic year immediately following the academic year in which
the rating was received.
(f) An institution of higher education may not enroll
students in a degree program that receives a "sunset" rating under
Subsection (d) beginning with the academic year immediately
following the academic year in which the rating was received. The
institution shall notify each student enrolled in the program at
the time the program receives the rating of the rating and give the
student the opportunity to complete the student's degree. The
institution shall consolidate or eliminate the program after the
last student enrolled in the program is awarded a degree.
SECTION 2. Section 51.352, Education Code, is amended by
adding Subsections (g) and (h) to read as follows:
(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 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) any hiring of administration and faculty in which
the board was involved;
(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 and 51.3541 to read as follows:
Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this
section, "faculty council or senate" means a representative faculty
organization.
(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 selection 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 faculty members; and
(3) limits the number of members to not more than 60
with at least two representatives from each college or school,
including:
(A) one member appointed by the president of the
institution; and
(B) the remaining members elected by a vote of
the faculty of the member's respective college or school.
(c) A faculty council or senate is advisory only and may not
be delegated the final decision-making authority on any matter. 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 issue any statement or publish a report on
any matter not directly related to the council's or senate's duties
to advise the institution administration.
(d) 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.
(e) A member of the faculty council or senate appointed by
the president of the institution of higher education in accordance
with Subsection (b)(3)(A) may serve up to six consecutive one-year
terms and then may only be reappointed after the second anniversary
of the last day of the member's most recent term. A member of the
faculty council or senate elected by a vote of the faculty of the
member's respective college or school serves a two-year term,
staggered in a manner that allows approximately one-half of the
elected members to be elected each year, and may only be reelected
after the second anniversary of the last day of the member's most
recent term.
(f) A faculty member serving on the faculty council or
senate may be immediately removed from the council or senate for
failure to conduct the member's responsibilities within the
council's or senate's parameters, including by using the member's
position for personal political advocacy, failing to attend council
or senate meetings, or engaging in other similar misconduct as
determined by the governing board of the institution of higher
education. A member of a faculty council or senate may be removed on
recommendation of the institution's provost and approval by the
institution's president.
(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) The faculty council or senate shall 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 of higher education.
(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.
(o) This section may not be construed to limit a faculty
member of an institution of higher education from exercising the
faculty member's freedom of association protected by the United
States or Texas Constitution.
Sec. 51.3541. RESPONSIBILITY OF PRESIDENT. (a) In this
section, "governing board" and "institution of higher education"
have the meanings assigned by Section 61.003.
(b) The president of an institution of higher education
shall approve or deny the hiring of an individual for the position
of vice president, provost, dean, or a similar leadership position
that oversees curriculum or student affairs for the institution.
(c) The president of an institution of higher education
shall conduct annual evaluations for individuals who hold the
positions described by Subsection (b) at the institution and report
to the institution's governing board regarding any recommendations
for removing an individual from a position.
(d) The president of an institution of higher education may
not delegate the president's responsibilities under this section to
any other individual.
SECTION 4. Subchapter Z, Chapter 51, Education Code, is
amended by adding Sections 51.9431 and 51.989 to read as follows:
Sec. 51.9431. GRIEVANCE, HIRING, AND DISCIPLINE
DECISION-MAKING AUTHORITY. (a) In this section, "governing
board," "institution of higher education," and "university system"
have the meanings assigned by Section 61.003.
(b) Only the president or provost of an institution of
higher education, university system administration, or the
president's, provost's, or administration's designee may be
involved in decision-making regarding review of a faculty
grievance, including under Section 51.960, or the faculty
discipline process.
(c) A faculty member of an institution of higher education
may not have final decision-making authority on any decision
regarding the hiring of an individual for employment by the
institution.
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 of an institution of higher education
shall 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 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 of an institution of
higher education conducts 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
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 of an institution of higher education
shall conduct a review under this section once every four years.
SECTION 5. Section 61.031, Education Code, is reenacted and
amended to read as follows:
Sec. 61.031. OFFICE OF OMBUDSMAN [PUBLIC INFORMATION AND
COMPLAINTS]. (a) In this section:
(1) "Office" means the Texas Higher Education
Coordinating Board Office of the Ombudsman established under this
section.
(2) "Ombudsman" means the individual serving as
ombudsman for the office.
(b) The board shall establish the Texas Higher Education
Coordinating Board Office of the Ombudsman to serve as an
intermediary between the legislature and the public and
institutions of higher education, including by answering questions
from the legislature and the public regarding the obligations of an
institution of higher education to students, faculty, employees,
and the public.
(c) The office shall receive and, if necessary, investigate
reports regarding an institution of higher education's failure to
comply with:
(1) Subchapter E-2, Chapter 51;
(2) Sections 51.315 and 51.316;
(3) Section 51.3522;
(4) Section 51.3525;
(5) Section 51.3541;
(6) Section 51.9315;
(7) Section 51.942;
(8) Section 51.9431;
(9) Section 61.0522; and
(10) Section 752.053, Government Code.
(d) An individual with reason to believe an institution of
higher education has failed to comply with a provision listed under
Subsection (c) may submit a notarized, written complaint to the
office by mail that:
(1) provides the individual's name and contact
information;
(2) states the specific statute the individual
believes has been violated; and
(3) includes specific facts supporting the
allegation, including:
(A) relevant dates;
(B) identifying information regarding the
individuals involved; and
(C) any supporting evidence in the individual's
possession.
(e) The office [board] shall maintain a file on each written
complaint filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the office [board] closed the file without taking action other
than to investigate the complaint.
(f) [(b)] The office [board] shall provide to the person
filing the complaint and to each person who is a subject of the
complaint a copy of the office's [board's] policies and procedures
relating to complaint investigation and resolution.
(g) The office shall notify the governing board of the
institution of higher education that is the subject of a complaint
of noncompliance that meets the requirements under Subsection (d)
not later than the fifth day after the date the office receives the
complaint. The governing board of the institution shall respond to
the complaint not later than the 25th day after the date the
governing board receives the notice.
(h) In investigating a complaint of noncompliance regarding
an institution of higher education received under this section, the
office may request information from the institution. The governing
board of the institution 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.
(i) Based on findings related to an investigation under this
section, the office shall submit to the governing board of the
institution of higher education that is the subject of an
investigation under this section a report on the investigation that
includes the office's final determination regarding the
investigation and requirements for action based on the conclusions
of the investigation.
(j) [(c)] The office [board], at least quarterly until
final disposition of the complaint, shall notify the person filing
the complaint and each person who is a subject of the complaint of
the status of the investigation unless the notice would jeopardize
an undercover investigation.
(k) If, not later than the 30th day after the date the office
submits the report under Subsection (i) to the governing board of an
institution of higher education that is the subject of an
investigation under this section, the office determines the
governing board has not resolved any noncompliance issues
identified in the report, the office shall submit to the attorney
general a report on the noncompliance that includes the office's
requirements for action.
(l) On receipt of a report under Subsection (k), the
attorney general may ensure the institution of higher education's
compliance by acting to impose penalties on the institution,
including:
(1) filing a civil suit against the institution to
compel the institution's compliance or to collect a civil penalty
not to exceed $1,000; or
(2) recommending to the legislature that the
institution's appropriations be withheld.
(m) [(d)] Notwithstanding any other provision of law,
information that relates to a current, former, or prospective
applicant or student of an educational institution and that is
obtained, received, or held by the office [board] for the purpose of
providing assistance with access to postsecondary education is
confidential and excepted from disclosure under Chapter 552,
Government Code, and may only be released in conformity with the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g). The office [board] may withhold information
prohibited from being disclosed under this subsection without
requesting a decision from the attorney general under Subchapter G,
Chapter 552, Government Code.
(n) The office may:
(1) require cooperation from an institution of higher
education in an investigation under this section if the office
determines a complaint of noncompliance with a provision listed
under Subsection (c) is credible; and
(2) publicize a violation of a provision listed under
Subsection (c) by an institution of higher education that is
confirmed by an investigation.
(o) The office shall annually submit a report to the
governor, the lieutenant governor, the attorney general, and the
chair of each standing legislative committee with jurisdiction over
higher education regarding:
(1) the number of reports of noncompliance with a
provision listed under Subsection (c) 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 6. Section 61.052, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A governing board may exclude from the comprehensive
list of courses submitted under Subsection (a) courses that were
not taught as an organized class or provided through individual
instruction for the preceding two academic years.
SECTION 7. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0522 to read as follows:
Sec. 61.0522. CURRICULUM ADVISORY COMMITTEE. (a) In this
section:
(1) "Advisory committee" means the curriculum
advisory committee established under this section.
(2) "Core curriculum" has the meaning assigned by
Section 61.821.
(b) The board shall establish an advisory committee to
review the core curriculum requirements of institutions of higher
education.
(c) The advisory committee consists of:
(1) three members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives; and
(4) the commissioner of higher education serving as an
ex officio member.
(d) The governor shall appoint the chair of the advisory
committee from among the governor's appointees.
(e) The advisory committee shall consider methods for
determining foundational component courses and for condensing the
number of core curriculum courses required at institutions of
higher education.
(f) Not later than December 1, 2026, the advisory committee
shall produce a report regarding the advisory committee's findings
and recommendations under this section and provide the report to
the governing boards of institutions of higher education.
(g) The board shall adopt rules based on the findings of the
advisory committee and ensure the governing boards of institutions
of higher education implement those rules.
(h) Not later than the start of the 2027-2028 academic year,
the governing board of each institution of higher education shall
implement the advisory committee's recommendations included in the
report provided under Subsection (f).
(i) The advisory committee is abolished and this section
expires September 1, 2027.
SECTION 8. 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 9. This Act applies beginning with the 2025-2026
academic year.
SECTION 10. Not later than January 1, 2027, the governing
board of each public institution of higher education shall:
(1) complete the governing board's initial review in
accordance with Section 51.315, Education Code, as added by this
Act; and
(2) certify compliance with Section 51.315, Education
Code, as added by this Act, as required by Subsection (e) of that
section.
SECTION 11. 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 12. 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.
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