Creighton Bill Abolishes Faculty Senates Unless Boards Ratify Them

The text as introduced · 3,736 words

89R13937 MM-D

By: Creighton
S.B. No. 37

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, the powers and duties of a faculty council or

senate, training for members of the governing board, and the

establishment of the Office of Excellence in Higher Education.

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

SECTION 1. Subchapter F, Chapter 51, Education Code, is

amended by adding Section 51.315 to read as follows:

Sec. 51.315. GENERAL EDUCATION REVIEW COMMITTEE. (a) In

this section:

(1) "Core curriculum" has the meaning assigned by

Section 61.821.

(2) "Institution of higher education" has the meaning

assigned by Section 61.003.

(b) The governing board of each institution of higher

education shall appoint a general education review committee at

each institution of higher education under the governing board's

control and management to:

(1) annually review the core curriculum at the

institution; and

(2) make recommendations regarding maintaining or

eliminating courses in the institution's core curriculum.

(c) In appointing the members of the general education

review committee under Subsection (b), the governing board of the

institution of higher education may consider recommendations from

the institution's president.

(d) Members of an institution of higher education's general

education review committee may include local industry partners and

tenured faculty of the institution.

(e) In reviewing the institution's core curriculum under

Subsection (b)(1), the general education review committee of an

institution of higher education 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; and

(4) do not endorse specific public policies,

ideologies, or legislation.

(f) The general education review committee of an

institution of higher education shall:

(1) identify competencies in addition to successful

completion of the core curriculum that the institution may require

students to demonstrate; and

(2) make recommendations to maintain or eliminate

additional competencies required by the institution in accordance

with Subdivision (1).

(g) The governing board of an institution of higher

education shall approve or deny on an individual basis any

recommendation made by the institution's general education review

committee under Subsection (b)(2).

(h) An institution of higher education shall make

recommendations made by the institution's general education review

committee publicly available on the institution's Internet website

for at least 30 business days before the date of a meeting at which

the institution's governing board intends to consider the

recommendations.

(i) Not later than September 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 Office of

Excellence in Higher Education established under Chapter 454,

Government Code.

(j) An institution of higher education may not spend money

appropriated to the institution for a state fiscal year until the

governing board of the institution submits to the legislature and

the Texas Higher Education Coordinating Board a report certifying

the governing board's compliance with this section during the

preceding state fiscal year.

SECTION 2. Section 51.352, Education Code, is amended by

amending Subsection (d) and adding Subsections (g), (h), (i), and

(j) to read as follows:

(d) In addition to powers and duties specifically granted by

this code or other law, each governing board shall:

(1) establish, for each institution under its control

and management, goals consistent with the role and mission of the

institution;

(2) appoint the chancellor or other chief executive

officer of the system, if the board governs a university system;

(3) appoint the president or other chief executive

officer of each institution under the board's control and

management [ and evaluate the chief executive officer of each

component institution and assist the officer in the achievement of

performance goals ];

(4) approve or deny the hiring of an individual for the

position of vice president, provost, associate or assistant

provost, dean, or a similar leadership position by each institution

under the board's control and management;

(5) regularly evaluate the chief executive officer,

president, and each individual who holds a leadership position

described by Subdivision (4) at each institution under the board's

control and management to assist the individual in achieving

performance goals, including:

(A) maintaining or increasing student retention

and graduation rates;

(B) maintaining or increasing the amount of money

available for research; and

(C) making efforts to ensure a variety of

perspectives are represented among administration and faculty;

(6) set campus admission standards consistent with the

role and mission of the institution and considering the admission

standards of similar institutions nationwide having a similar role

and mission, as determined by the coordinating board; and

(7) [ (5) ] ensure that its formal position on matters

of importance to the institutions under its governance is made

clear to the coordinating board when such matters are under

consideration by the coordinating board.

(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 an institution of higher

education shall post on the institution's Internet website notice

of any meeting at which the board will consider finalists for a

position described by Subsection (d)(4) at least 30 business days

before the date of the meeting. The notice must include the

curriculum vitae for each individual under consideration for the

position at the meeting that lists the individual's postsecondary

education, teaching experience, significant professional

publications, and professional or academic association

memberships.

(i) An institution of higher education may not spend money

appropriated to the institution for a state fiscal year until the

governing board of the institution submits to the legislature and

the Texas Higher Education Coordinating Board a report certifying

the board's compliance with Subsections (d)(2), (3), (4), (5), (6),

and (7) during the preceding state fiscal year.

(j) 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) the hiring of administration and faculty;

(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, 51.3523, and 51.3524 to read as

follows:

Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this

section, "faculty council or senate" means a representative faculty

organization directly elected by the general faculty or colleges

and schools of an institution of higher education.

(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 election 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 tenured faculty

members; and

(3) limits the number of members to not more than two

representatives from each college or school, including:

(A) one member appointed by the president of the

institution; and

(B) one member elected by a vote of the faculty of

the member's respective college or school.

(c) A faculty council or senate is advisory only. 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 publish a report on any matter not

directly related to the council's or senate's duties.

(d) Before the adoption or implementation of each proposal

or recommendation made by the faculty council or senate, the

governing board of the institution of higher education, the

institution administration, and any system administration must

review the proposal or recommendation. The institution shall,

under the direction of the institution's governing board, have

final decision-making authority regarding the adoption or

implementation of a proposal or recommendation made by the council

or senate.

(e) 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.

(f) A member of the faculty council or senate serves a

one-year term and may be reappointed only after the fourth

anniversary of the member's most recent term of service.

(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) Chapter 551, Government Code, applies to a faculty

council or senate. A faculty council or senate may meet by

telephone conference call or video conference call subject to the

requirements of that chapter.

(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.

Sec. 51.3523. ADDITIONAL RESPONSIBILITIES FOR MEMBERS OF

GOVERNING BOARD. (a) The governing board of an institution of

higher education shall approve or deny each of the following on an

individual basis:

(1) each recommendation made by a faculty council or

senate at an institution of higher education under the board's

control and management on a matter related to curriculum or

academic standards or policies; and

(2) each posting or other advertisement for a tenured

faculty position in a field other than science, technology,

engineering, or mathematics at each institution under the board's

control and management.

(b) The governing board of an institution of higher

education shall post on the institution's Internet website notice

of each meeting at which a posting or other advertisement for a

tenured faculty position in a field other than science, technology,

engineering, or mathematics will be considered at least seven

business days before the meeting.

Sec. 51.3524. INFORMATION FOR GOVERNING BOARD APPOINTEES.

In appointing members to the governing board of an institution of

higher education, the governor shall:

(1) provide to each applicant for appointment detailed

written information regarding:

(A) the average number of regular and

special-called meetings an appointee may be required to participate

in;

(B) the average amount of time an appointee may

be required to dedicate to the appointee's duties outside of

regular meetings, including to study materials and research issues

brought before the governing board; and

(C) the average number of reporting requirements

for members of governing boards; and

(2) consider imposing strict eligibility

requirements, including:

(A) requiring an extensive record of service and

experience on a state board;

(B) limiting the number of state boards on which

an appointee may concurrently serve; and

(C) avoiding conflicts of interest.

SECTION 4. Subchapter Z, Chapter 51, Education Code, is

amended by adding Section 51.989 to read as follows:

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 and provost of an institution of higher

education shall jointly 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:

(1) for undergraduate minor degree and certificate

programs to avoid consideration for consolidation or elimination:

(A) at least 10 students have completed the

program in the two years preceding the date the review process is

conducted; or

(B) at least five students are enrolled in the

program at the time the review process is conducted and at least

five students have completed the program in the two years preceding

the date the review process is conducted;

(2) for graduate minor degree and certificate programs

to avoid consideration for consolidation or elimination, at least

three students are enrolled in the program at the time the review

process is conducted and at least three students have completed the

program in the two years preceding the date the review process is

conducted; and

(3) 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 and provost conduct

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

or provost 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 and provost of an institution of higher

education shall conduct a review under this section once every four

years.

SECTION 5. 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 6. Section 51.942(c-3), Education Code, is amended

to read as follows:

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

governing board, the policies and procedures adopted by the

governing board under Subsection (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;

(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 ; and

(7) a faculty member may not be involved in

decision-making in a grievance review process or faculty discipline

process .

SECTION 7. Subtitle D, Title 4, Government Code, is amended

by adding Chapter 454 to read as follows:

CHAPTER 454. OFFICE OF EXCELLENCE IN HIGHER EDUCATION

Sec. 454.001. DEFINITIONS. In this chapter:

(1) "Institution of higher education" has the meaning

assigned by Section 61.003, Education Code.

(2) "Office" means the Office of Excellence in Higher

Education established under this chapter.

Sec. 454.002. ESTABLISHMENT. (a) The Office of Excellence

in Higher Education is established to address matters of academic

discourse at institutions of higher education in this state.

(b) The office is administratively attached to the Texas

Higher Education Coordinating Board.

Sec. 454.003. DIRECTOR. The director of the office is

appointed by the governor with the advice and consent of the senate

and serves at the pleasure of the governor.

Sec. 454.004. POWERS AND DUTIES. (a) The office shall

serve as an intermediary between the legislature, the public, and

institutions of higher education, including by answering questions

from the public and the legislature regarding an institution of

higher education's obligations to students, faculty, employees,

and the public.

(b) The office shall be responsible for receiving and, as

necessary, investigating reports of noncompliance by institutions

of higher education with state law or institution policy. In

investigating a report of noncompliance regarding an institution

received under this section, the office may request information

from the institution or the university system in which the

institution is a component, if applicable.

(c) An institution of higher education 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. The office shall report an institution that fails to

timely respond to a request under this subsection to the governor,

the lieutenant governor, and the chair of each standing committee

of the legislature with primary jurisdiction over higher education.

(d) Based on findings related to an investigation under this

section, the office shall submit to the attorney general and the

governing board of an institution of higher education that is the

subject of an investigation under this section a report that

includes the office's final determination regarding the

investigation and recommendations for action based on the

conclusions of the investigation.

(e) The office may:

(1) require cooperation from an institution of higher

education in an investigation under this section; and

(2) publicize a violation of law by an institution of

higher education that is confirmed by an investigation.

Sec. 454.005. ANNUAL REPORT. The office shall annually

submit a report to the governor, the lieutenant governor, the

attorney general, and the chair of each standing committee of the

legislature with jurisdiction over higher education regarding:

(1) the number of reports of noncompliance 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 8. (a) Except as provided by Subsection (b) of this

section, this Act applies beginning with the 2025-2026 academic

year.

(b) Sections 51.315(j) and 51.352(i), Education Code, as

added by this Act, apply beginning with money appropriated to a

public institution of higher education for the state fiscal year

beginning September 1, 2026.

SECTION 9. Each general education review committee

established at a public institution of higher education in

accordance with Section 51.315, Education Code, as added by this

Act, must provide the committee's initial recommendations not later

than June 1, 2027.

SECTION 10. 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 11. 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.