HB1830 - Relating to tenure and employment status at public institutions of higher education in this state.

  89R4607 RDR-D     By: Shaheen H.B. No. 1830       A BILL TO BE ENTITLED   AN ACT   relating to tenure and employment status at public institutions of   higher education in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.801(d), Education Code, is amended to   read as follows:          (d)  The public institution of higher education shall:                (1)  reward faculty instructing in the teacher   residency program;                (2)  identify faculty who can prepare teachers to   impact student achievement in high-need schools;                (3)  provide institutional support of faculty who work   with the teacher residency program by providing time to teach the   courses [ and valuing the faculty's contributions with rewards in   the university tenure process ]; and                (4)  develop and implement a program that acknowledges   and elevates the significance and professional nature of teaching   at the primary and secondary levels.          SECTION 2.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9415 to read as follows:           Sec.   51.9415.     TENURE AND FACULTY EMPLOYMENT STATUS.   (a)   In   this section, "institution of higher education"   has the meaning   assigned by Section 61.003.           (b)     An institution of higher education may not grant an   employee of the institution tenure or any type of permanent   employment status.           (c)     Subsection (b) does not apply to a faculty member or   other employee of the institution of higher education who is   employed by or under contract for employment with the institution   on September 1, 2025, and who was awarded tenure or any type of   permanent employment status by the institution before September 1,   2025, provided that the person remains continuously employed or   continuously under a contract of employment beginning September 1,   2025.           (d)     This section does not prohibit the board of regents of   an institution of higher education from establishing an alternate   system of tiered employment status for faculty members provided   that the system clearly defines each position and requires each   faculty member to undergo an annual performance evaluation.          SECTION 3.  Section 51.942(c-1), Education Code, is amended   to read as follows:          (c-1)  Each governing board of an institution of higher   education shall adopt policies and procedures 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                 (2)  [ (3) ]  provide for a periodic performance   evaluation process for all tenured faculty at the institution.          SECTION 4.  Section 51.943(c), Education Code, is amended to   read as follows:          (c)  For the purposes of this section, an institution of   higher education is not required to provide an annual contract to   tenured [ tenure or tenure-track ] faculty, but must provide tenured   [ tenure and tenure-track ] faculty with [ any ] written notification   [ required in the institution's tenure policy ] of any [ a ] change in a   term of employment according to the policies of the institution,   but no later than the 30th day prior to the change.          SECTION 5.  Section 51.948(b), Education Code, is amended to   read as follows:          (b)  A contract entered into by a governing board under this   section may not:                (1)  provide for employment for more than three years;                (2)  allow for severance or other payments on the   termination of the contract to exceed an amount equal to the   discounted net present cash value of the contract on termination at   a market interest rate agreed upon in the contract; or                (3)  allow for development leave that is inconsistent   with Section 51.105[ ; or                [ (4)     award tenure in any way that varies from the   institution's general policy on the award of tenure ].          SECTION 6.  Section 51.9745(a), Education Code, is amended   to read as follows:          (a)  Each general academic teaching institution, as defined   by Section 61.003, shall make available to the public on the   institution's Internet website the following information for the   institution:                (1)  the student/faculty ratio;                (2)  the percentage of all full-time equivalent faculty   members with teaching responsibility who are tenured [ or tenure   track ];                (3)  the percentage of semester credit hours taken by   students classified as freshmen or sophomores that are taught by   tenured [ and tenure track ] faculty members;                (4)  the number of faculty members in each of the   following faculty ranks, including a breakdown for each rank   showing the numbers of faculty members by race, ethnicity, and   gender:                      (A)  professor;                      (B)  associate professor;                      (C)  assistant professor;                      (D)  instructor;                      (E)  nontenured [ or nontenure track ]; and                      (F)  teaching assistant;                (5)  average faculty salaries by rank;                (6)  the amount of money appropriated by the   legislature per full-time equivalent faculty member and full-time   equivalent student;                (7)  the total revenue the institution spent per   full-time equivalent faculty member and full-time equivalent   student;                (8)  the amount of federal and private research   expenditures per tenured [ or tenure track ] full-time equivalent   faculty member;                (9)  the number and percentage of faculty members   holding extramural research grants;                (10)  the number and names of awards to faculty members   from nationally recognized entities, including those identified by   The Center for Measuring University Performance; and                (11)  the number of endowed professorships or chairs.          SECTION 7.  Section 51A.053(c), Education Code, is amended   to read as follows:          (c)  Except as otherwise provided by the coordinating board   under Subsection (a), the resume must include the following   information relating to the most recent state fiscal year for which   the information is available:                (1)  under the heading "ENROLLMENT":                      (A)  the total number of students enrolled in the   institution during the fall semester that ended in the fiscal year   covered by the resume;                      (B)  the percentage of undergraduate students   enrolled in the institution for the first time during the fall   semester that ended in the fiscal year covered by the resume who are   transfer students; and                      (C)  a clearly identifiable link to the   information described by Paragraph (A) disaggregated by student   ethnicity;                (2)  under the heading "DEGREES AWARDED":                      (A)  the number of bachelor's degrees, number of   master's degrees, number of doctoral degrees, and number of   professional degrees awarded by the institution; and                      (B)  a clearly identifiable [Text truncated for display. 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