bill stripping most tenure rules from the Education Code

The text as introduced · 941 words

89R15342 MM-D

By: Reynolds
H.B. No. 4997

A BILL TO BE ENTITLED

AN ACT

relating to the tenure and employment of faculty members at certain

public institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 51.942, Education Code,

is amended to read as follows:

Sec. 51.942. PERFORMANCE EVALUATION OF TENURED FACULTY

[ TENURE ].

SECTION 2. Section 51.942(a)(1), Education Code, is amended

to read as follows:

(1) "Governing board" has [ and "university system"

have ] the meaning [ meanings ] assigned by Section 61.003.

SECTION 3. Section 51.942, Education Code, is amended by

amending Subsections (b), (c), (c-1), (c-2), and (c-3) and adding

Subsection (d) to read as follows:

(b) [ Only an institution of higher education's governing

board, on the recommendation of the institution's chief executive

officer and the university system's chancellor, if applicable, may

grant tenure.

[ (c) The granting of tenure may not be construed to create a

property interest in any attribute of a faculty position beyond a

faculty member's continuing employment, including his or her

regular annual salary and any privileges incident to his or her

status as a tenured professor.

[ (c-1) ] Each governing board of an institution of higher

education shall adopt policies and procedures providing [ regarding

tenure. The policies and procedures must:

[ (1) address the granting of tenure;

[ (2) allow for the dismissal of a tenured faculty

member at any time after providing the faculty member with

appropriate due process, on a determination that:

[ (A) the faculty member has:

[ (i) exhibited professional incompetence;

[ (ii) continually or repeatedly failed to

perform duties or meet professional responsibilities of the faculty

member's position;

[ (iii) failed to successfully complete any

post-tenure review professional development program;

[ (iv) engaged in conduct involving moral

turpitude that adversely affects the institution or the faculty

member's performance of duties or meeting of responsibilities;

[ (v) violated laws or university system or

institution policies substantially related to the performance of

the faculty member's duties;

[ (vi) been convicted of a crime affecting

the fitness of the faculty member to engage in teaching, research,

service, outreach, or administration;

[ (vii) engaged in unprofessional conduct

that adversely affects the institution or the faculty member's

performance of duties or meeting of responsibilities; or

[ (viii) falsified the faculty member's

academic credentials;

[ (B) there is actual financial exigency or the

phasing out of the institution's programs requiring elimination of

the faculty member's position; or

[ (C) there is other good cause as defined in the

institution's policies; and

[ (3) provide ] for a periodic performance evaluation

process for all tenured faculty at the institution.

[ (c-2) ] The governing board may design its policies and

procedures to fit the institution's particular educational

mission, traditions, resources, and circumstances relevant to the

institution's character, role, and scope, in addition to other

relevant factors determined by the governing board in the policies

and procedures adopted under this section. The governing board

shall seek advice and comment from the institution's faculty before

adopting any policies and procedures under this section. The

advice and comment from the faculty on the performance evaluation

of tenured faculty shall be given the utmost consideration by the

governing board.

(c) [ (c-3) ] In addition to any other provisions adopted by

the governing board, the policies and procedures adopted by the

governing board under Subsection (b) [ (c-1) ] must include

provisions providing that:

(1) each tenured faculty member at the institution be

subject to a comprehensive performance evaluation process

conducted no more often than once every year, but no less often than

once every six years, after the date the faculty member was granted

tenure or received an academic promotion at the institution;

(2) the comprehensive performance evaluation be based

on the professional responsibilities of the faculty member, in

teaching, research, service, patient care, and administration, and

include peer review of the faculty member;

(3) the comprehensive performance evaluation process

be directed toward the professional development of the faculty

member;

(4) the comprehensive performance evaluation process

incorporate commonly recognized academic due process rights,

including notice of the manner and scope of the comprehensive

performance evaluation, the opportunity to provide documentation

during the comprehensive performance evaluation process, and,

before a faculty member may be subject to disciplinary action on the

basis of a comprehensive performance evaluation conducted under

this subsection, notice of specific charges and an opportunity for

hearing on those charges; and

(5) a faculty member be subject to revocation of

tenure or other appropriate disciplinary action if, during the

comprehensive performance evaluation, incompetency, neglect of

duty, or other good cause is determined to be present [ ; and

[ (6) for a faculty member who receives an

unsatisfactory rating in any area of any evaluation conducted under

this section, the evaluation process provide for a short-term

development plan that includes performance benchmarks for

returning to satisfactory performance ].

(d) A faculty member subject to termination on the basis of

an evaluation conducted under this section must be given the

opportunity for referral of the matter to a nonbinding alternative

dispute resolution process as described in Chapter 154, Civil

Practice and Remedies Code. If both parties agree, another type of

alternative dispute resolution method may be elected. The governing

board must give specific reasons in writing for any decision to

terminate a faculty member on the basis of an evaluation conducted

under this section.

SECTION 4. The following provisions of the Education Code

are repealed:

(1) Section 51.942(a)(4); and

(2) Section 51.942(c-4).

SECTION 5. This Act takes effect September 1, 2025.