HB4499 - 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.

  89R13937 MM-D     By: Shaheen H.B. No. 4499       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 [Text truncated for display. 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