Bill Summary – FastDemocracy

      
		By: Shaheen
            H.B. No. 5127
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to public higher education reform; authorizing 
         
            administrative penalties.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 51.352, Education Code, is amended by 
         
            amending Subsection (d) and adding Subsection (g) 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)  restrict the membership of a search committee for 
         
            the position of president or other chief executive officer of an 
         
            institution under the board's control and management to members of 
         
            the governing board;
         
                         (5)  approve or deny the hiring of a person for the 
         
            position of vice president, provost, associate or assistant 
         
            provost, dean, or associate or assistant dean or a similar position 
         
            by each institution under the board's control and management;
         
                         (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;
         
                         (7)  approve or deny each course in the core 
         
            curriculum, as that term is defined by Section 61.821, at each 
         
            institution under the board's control and management;
         
                         (8)  approve or deny each posting or other 
         
            advertisement for a tenured faculty position at each institution 
         
            under the board's control and management; and
         
                         (9) [(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)  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), (5), (7), and 
         
            (8) during the preceding state fiscal year.
         
                   SECTION 2.  Chapter 51, Education Code, is amended by adding 
         
            Subchapter L to read as follows:
         
            SUBCHAPTER L. PROHIBITIONS REGARDING IDEOLOGICAL OATHS OR 
         
            STATEMENTS
         
                   Sec. 51.601.  PURPOSE.  The purpose of this subchapter is to 
         
            prohibit institutions of higher education from requiring or giving 
         
            preferential consideration for certain ideological oaths or 
         
            statements that undermine academic freedom and open inquiry and 
         
            impede the discovery, preservation, and transmission of knowledge.
         
                   Sec. 51.602.  DEFINITIONS.  In this subchapter:
         
                         (1)  "Coordinating board" means the Texas Higher 
         
            Education Coordinating Board.
         
                         (2)  "Institution of higher education" has the meaning 
         
            assigned by Section 61.003.
         
                   Sec. 51.603.  PROHIBITIONS REGARDING IDEOLOGICAL OATHS OR 
         
            STATEMENTS.  (a)  An institution of higher education may not:
         
                         (1)  compel, require, induce, or solicit a student 
         
            enrolled at the institution, an employee or contractor of the 
         
            institution, or an applicant for admission to or employment or 
         
            contracting at the institution to:
         
                               (A)  endorse an ideology that promotes the 
         
            differential treatment of an individual or group of individuals 
         
            based on race, color, or ethnicity; or
         
                               (B)  provide a statement of the person's:
         
                                     (i) 
Statutes affected: 
Introduced: Education Code 51.352, Education Code 51.942 (Education Code 51)



	A BILL TO BE ENTITLED
	AN ACT
	relating to public higher education reform; authorizing
	administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 51.352, Education Code, is amended by
	amending Subsection (d) and adding Subsection (g) 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) restrict the membership of a search committee for
	the position of president or other chief executive officer of an
	institution under the board's control and management to members of
	the governing board;
	(5) approve or deny the hiring of a person for the
	position of vice president, provost, associate or assistant
	provost, dean, or associate or assistant dean or a similar position
	by each institution under the board's control and management;
	(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;
	(7) approve or deny each course in the core
	curriculum, as that term is defined by Section 61.821, at each
	institution under the board's control and management;
	(8) approve or deny each posting or other
	advertisement for a tenured faculty position at each institution
	under the board's control and management; and
	(9) [~~(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) 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), (5), (7), and
	(8) during the preceding state fiscal year.
	SECTION 2. Chapter 51, Education Code, is amended by adding
	Subchapter L to read as follows:
	SUBCHAPTER L. PROHIBITIONS REGARDING IDEOLOGICAL OATHS OR
	STATEMENTS
	Sec. 51.601. PURPOSE. The purpose of this subchapter is to
	prohibit institutions of higher education from requiring or giving
	preferential consideration for certain ideological oaths or
	statements that undermine academic freedom and open inquiry and
	impede the discovery, preservation, and transmission of knowledge.
	Sec. 51.602. DEFINITIONS. In this subchapter:
	(1) "Coordinating board" means the Texas Higher
	Education Coordinating Board.
	(2) "Institution of higher education" has the meaning
	assigned by Section 61.003.
	Sec. 51.603. PROHIBITIONS REGARDING IDEOLOGICAL OATHS OR
	STATEMENTS. (a) An institution of higher education may not:
	(1) compel, require, induce, or solicit a student
	enrolled at the institution, an employee or contractor of the
	institution, or an applicant for admission to or employment or
	contracting at the institution to:
	(A) endorse an ideology that promotes the
	differential treatment of an individual or group of individuals
	based on race, color, or ethnicity; or
	(B) provide a statement of the person's:
	(i) Statutes affected: Introduced: Education Code 51.352, Education Code 51.942 (Education Code 51)