By: Bonnen H.B. No. 5202       A BILL TO BE ENTITLED   AN ACT   relating to the governance 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, 51.3523, and 51.3526 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 or authorized   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.          Sec. 51.3526.  PROHIBITION ON REQUIRING CERTAIN COURSES.   (a) In this section:                (1)  "Certificate program," "governing board," and   "institution of higher education" have the meanings assigned by   Section 61.003.                (2)  "Degree program" has the meaning assigned by   Section 61.003(11) and includes, as applicable, minors or double   majors.          (b)  Except as provided by Subsections (c) and (d), a   governing board of an institution of higher education shall ensure   that the institution does not require, as part of a degree program   or certificate program, the completion of a course whose course   description, course overview, course objectives, or proposed   student learning outcomes do any of the following:                (1)  promote the idea that racially neutral or   colorblind laws, policies, or institutions in contemporary   American society perpetuate oppression, injustice, race-based   privilege, including white supremacy or white privilege, or   inequity by failing to actively differentiate on the basis of race,   sex, or gender, except as part of a discussion regarding the   effectiveness of, or potential revision to, anti-discrimination   laws; or                (2)  promote, except as permitted or required by law,   the differential treatment in contemporary American society of any   individual or group of individuals based on race or ethnicity.          (c)  The governing board of an institution of higher   education may exempt in writing from the prohibition under   Subsection (b) courses required for a degree program or certificate   program whose title clearly establishes the program's course of   study as primarily focused on racial, ethnic, or gender studies,   provided that each of the following applies:                (1)  a student enrolled at the institution is not   required to enroll in such a course to satisfy the requirements of   any other degree program or certificate program;                (2)  courses offered or listed under such programs   shall satisfy the academic degree program requirements of only   those respective degree programs or certificate programs and shall   not be used to satisfy other degree program or certificate program   requirements beyond satisfying overall institution credit hour   graduation requirements; and                (3)  the title of any currently established degree   program or certificate program is not altered or replaced to   establish an emphasis on racial, ethnic, or gender studies.          (d)  Subsection (b) shall not be construed to prohibit:                (1)  identifying and discussing historical movements,   ideologies or instances of ethnic, racial, or sex-based hatred or   discrimination, including, but not limited to slavery, Indian   removal, the Holocaust, or Japanese-American internment;                (2)  identifying genetic predispositions,   epidemiology, or physiology in medical education or biological   sciences that does not posit race-based injustice, discrimination,   or oppression; or                (3)  the identification of differences between, or bona   fide qualifications based on, biological sex that are reasonably   necessary to the normal operation of public institutions.          (e)  Nothing in this section may be construed to limit any   programming explicitly required by, and limited to, the institution   of higher education's obligations to comply with state or federal   anti-discrimination law or an applicable court order.          (f)  Instructional expenses associated with courses   specified in Subsection (b) shall not be funded by appropriated   funds, excluding student tuition and fee revenues.          (g)  Beginning with the fiscal year beginning September 1,   2026, each institution of higher education shall include as part of   its annual report to the Texas Higher Education Coordinating Board   as provided by Section 51.3525, Subsection (e) certification of its   compliance with this section.          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.  Section 61.052, Education Code, is amended by   adding Subsection (d) to read as follows:          (d)  A governing board may exclude from its comprehensive   list of courses submitted under Subsection (a) courses that were   not taught as an organized class or individual instruction for two   consecutive academic years.          SECTION 4.  A faculty council or senate established or   authorized 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 or   authorized 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 5.  SEVERABILITY. If any provision of this Act or   its application to any person or circumstance is held invalid, the   invalidity does not affect other provisions or applications of this   Act that can be given effect without the invalid provision or   application, and to this end the provisions of this Act are declared   to be severable.          SECTION 6.  This Act applies beginning with the 2025-2026   academic year.          SECTION 7.  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.