S.B. No. 18

Statutes affected:
Introduced: Education Code 21.801, Education Code 51.943, Education Code 51.948, Education Code 51.9745, Education Code 61.057, Education Code 61.002, Education Code 141.001, Education Code 142.001, Education Code 51.942 (Education Code 51, Education Code 61, Education Code 21, Education Code 142, Education Code 141)
Senate Committee Report: Education Code 21.801, Education Code 51.943, Education Code 51.948, Education Code 51.9745, Education Code 61.057, Education Code 61.002, Education Code 141.001, Education Code 142.001, Education Code 51.942 (Education Code 51, Education Code 61, Education Code 21, Education Code 142, Education Code 141)
Engrossed: Education Code 21.801, Education Code 51.943, Education Code 51.948, Education Code 51.9745, Education Code 61.057, Education Code 61.002, Education Code 141.001, Education Code 142.001, Education Code 51.942 (Education Code 51, Education Code 61, Education Code 21, Education Code 142, Education Code 141)
House Committee Report: Education Code 51.942 (Education Code 51, Education Code 61, Education Code 21, Education Code 142, Education Code 141)
Enrolled: Education Code 51.942 (Education Code 51, Education Code 61, Education Code 21, Education Code 142, Education Code 141)

	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), Education Code, is amended by
	amending Subdivision (1) and adding Subdivision (4) to read as
	follows:
	(1)  "Governing board" and "university system" have the
	meanings [has the meaning] assigned by Section 61.003.
	(4)  "Tenure" means the entitlement of a faculty member
	of an institution of higher education to continue in the faculty
	member's academic position unless dismissed by the institution for
	good cause in accordance with the policies and procedures adopted
	by the institution under Subsection (c-1).
	SECTION 3.  Section 51.942, Education Code, is amended by
	amending Subsections (b), (c), and (g) and adding Subsections
	(c-1), (c-2), (c-3), and (c-4) 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 [rules] 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
	(3)  provide [providing] for a periodic performance
	evaluation process for all tenured faculty [tenured] at the
	institution.
	(c-2)  The governing board may design its policies [rules]
	and procedures to fit the institution's particular educational
	mission, traditions, resources, and circumstances relevant to the
	institution's [its] character, role, and scope, in addition to