89R9252 MM-D     By: Bettencourt S.B. No. 1489       A BILL TO BE ENTITLED   AN ACT   relating to the governance of public institutions of higher   education, including the establishment of a faculty council or   senate and the decision-making authority of public institutions of   higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 51, Education Code, is   amended by adding Sections 51.3522 and 51.3523 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 or authorize the establishment of a faculty   council or senate at the institution.          (c)  A faculty council or senate is advisory only. A faculty   council or senate may not:                (1)  be delegated final decision-making authority on   any matter; or                (2)  take action on behalf of the institution,   including approving personnel action or conducting an   investigation.          (d)  Unless directed otherwise by the institution's   governing board, a faculty council or senate shall report to the   institution's president or other chief executive officer.          (e)  Chapter 2110, Government Code, does not apply to a   faculty council or senate.          Sec. 51.3523.  FACULTY COUNCIL OR SENATE MEETINGS OPEN TO   PUBLIC.  (a)  A faculty council or senate established in accordance   with Section 51.3522 shall conduct meetings at which a quorum is   present in a manner that is open to the public and in accordance   with procedures prescribed by the president of the institution.          (b)  The procedures prescribed by the president must:                (1)  provide for notice of the date, hour, place, and   subject of the meeting at least 72 hours before the meeting is   convened; and                (2)  require that the notice be:                      (A)  posted on the Internet; and                      (B)  published in a student newspaper of the   institution, if an issue of the newspaper is published between the   time of the Internet posting and the time of the meeting.          (c)  Any vote taken by a faculty council or senate must be   recorded and made public.          SECTION 2.  Section 51.354, Education Code, is amended to   read as follows:          Sec. 51.354.  INSTITUTIONAL AUTHORITY AND RESPONSIBILITY.   (a) The final decision-making authority on matters regarding an   institution of higher education's degree programs and curricula   belongs to the institution. The institution shall make the   decisions on those matters under the direction of the institution's   governing board.          (b)  In addition to specific responsibilities imposed by   this code or other law, each institution of higher education has the   general responsibility to serve the public and, within the   institution's role and mission, to:                (1)  transmit culture through general education;                (2)  extend knowledge;                (3)  teach and train students for professions;                (4)  provide for scientific, engineering, medical, and   other academic research;                (5)  protect intellectual exploration and academic   freedom;                (6)  strive for intellectual excellence;                (7)  provide educational opportunity for all who can   benefit from postsecondary education and training; and                (8)  provide continuing education opportunities.          SECTION 3.  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   accordance with 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.          SECTION 4.  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.