89R4607 RDR-D     By: Shaheen H.B. No. 1830       A BILL TO BE ENTITLED   AN ACT   relating to tenure and employment status at public institutions of   higher education in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.801(d), Education Code, is amended to   read as follows:          (d)  The public institution of higher education shall:                (1)  reward faculty instructing in the teacher   residency program;                (2)  identify faculty who can prepare teachers to   impact student achievement in high-need schools;                (3)  provide institutional support of faculty who work   with the teacher residency program by providing time to teach the   courses [and valuing the faculty's contributions with rewards in   the university tenure process]; and                (4)  develop and implement a program that acknowledges   and elevates the significance and professional nature of teaching   at the primary and secondary levels.          SECTION 2.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9415 to read as follows:          Sec. 51.9415.  TENURE AND FACULTY EMPLOYMENT STATUS.  (a)  In   this section, "institution of higher education" has the meaning   assigned by Section 61.003.          (b)  An institution of higher education may not grant an   employee of the institution tenure or any type of permanent   employment status.          (c)  Subsection (b) does not apply to a faculty member or   other employee of the institution of higher education who is   employed by or under contract for employment with the institution   on September 1, 2025, and who was awarded tenure or any type of   permanent employment status by the institution before September 1,   2025, provided that the person remains continuously employed or   continuously under a contract of employment beginning September 1,   2025.          (d)  This section does not prohibit the board of regents of   an institution of higher education from establishing an alternate   system of tiered employment status for faculty members provided   that the system clearly defines each position and requires each   faculty member to undergo an annual performance evaluation.          SECTION 3.  Section 51.942(c-1), Education Code, is amended   to read as follows:          (c-1)  Each governing board of an institution of higher   education shall adopt policies 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                (2) [(3)]  provide for a periodic performance   evaluation process for all tenured faculty at the institution.          SECTION 4.  Section 51.943(c), Education Code, is amended to   read as follows:          (c)  For the purposes of this section, an institution of   higher education is not required to provide an annual contract to   tenured [tenure or tenure-track] faculty, but must provide tenured   [tenure and tenure-track] faculty with [any] written notification   [required in the institution's tenure policy] of any [a] change in a   term of employment according to the policies of the institution,   but no later than the 30th day prior to the change.          SECTION 5.  Section 51.948(b), Education Code, is amended to   read as follows:          (b)  A contract entered into by a governing board under this   section may not:                (1)  provide for employment for more than three years;                (2)  allow for severance or other payments on the   termination of the contract to exceed an amount equal to the   discounted net present cash value of the contract on termination at   a market interest rate agreed upon in the contract; or                (3)  allow for development leave that is inconsistent   with Section 51.105[; or                [(4)  award tenure in any way that varies from the   institution's general policy on the award of tenure].          SECTION 6.  Section 51.9745(a), Education Code, is amended   to read as follows:          (a)  Each general academic teaching institution, as defined   by Section 61.003, shall make available to the public on the   institution's Internet website the following information for the   institution:                (1)  the student/faculty ratio;                (2)  the percentage of all full-time equivalent faculty   members with teaching responsibility who are tenured [or tenure   track];                (3)  the percentage of semester credit hours taken by   students classified as freshmen or sophomores that are taught by   tenured [and tenure track] faculty members;                (4)  the number of faculty members in each of the   following faculty ranks, including a breakdown for each rank   showing the numbers of faculty members by race, ethnicity, and   gender:                      (A)  professor;                      (B)  associate professor;                      (C)  assistant professor;                      (D)  instructor;                      (E)  nontenured [or nontenure track]; and                      (F)  teaching assistant;                (5)  average faculty salaries by rank;                (6)  the amount of money appropriated by the   legislature per full-time equivalent faculty member and full-time   equivalent student;                (7)  the total revenue the institution spent per   full-time equivalent faculty member and full-time equivalent   student;                (8)  the amount of federal and private research   expenditures per tenured [or tenure track] full-time equivalent   faculty member;                (9)  the number and percentage of faculty members   holding extramural research grants;                (10)  the number and names of awards to faculty members   from nationally recognized entities, including those identified by   The Center for Measuring University Performance; and                (11)  the number of endowed professorships or chairs.          SECTION 7.  Section 51A.053(c), Education Code, is amended   to read as follows:          (c)  Except as otherwise provided by the coordinating board   under Subsection (a), the resume must include the following   information relating to the most recent state fiscal year for which   the information is available:                (1)  under the heading "ENROLLMENT":                      (A)  the total number of students enrolled in the   institution during the fall semester that ended in the fiscal year   covered by the resume;                      (B)  the percentage of undergraduate students   enrolled in the institution for the first time during the fall   semester that ended in the fiscal year covered by the resume who are   transfer students; and                      (C)  a clearly identifiable link to the   information described by Paragraph (A) disaggregated by student   ethnicity;                (2)  under the heading "DEGREES AWARDED":                      (A)  the number of bachelor's degrees, number of   master's degrees, number of doctoral degrees, and number of   professional degrees awarded by the institution; and                      (B)  a clearly identifiable link to the   information described by Paragraph (A) disaggregated by student   ethnicity;                (3)  under the heading "COSTS":                      (A)  the average annual total academic costs for a   resident undergraduate student enrolled in 30 semester credit hours   at the institution;                      (B)  clearly identifiable links to information   regarding:                            (i)  the rate or rates of tuition per   semester credit hour charged by the institution; and                            (ii)  any mandatory fees, as defined by the   coordinating board, imposed by the institution;                      (C)  the average cost of on-campus room and board   per student; and                      (D)  the average cost to a resident undergraduate   student enrolled in 30 semester credit hours for total academic   costs and on-campus room and board, excluding the cost of books,   supplies, transportation, or other expenses;                (4)  under the heading "FINANCIAL AID":                      (A)  the percentage of undergraduate students   enrolled in the institution who receive need-based grants or   scholarships;                      (B)  the percentage of undergraduate students   enrolled in the institution who receive need-based grants,   scholarships, loans, or work-study funds;                      (C)  the percentage of undergraduate students   enrolled in the institution who receive student loans;                      (D)  the average amount of an undergraduate   student's need-based grant and scholarship package;                      (E)  the average amount of an undergraduate   student's need-based grant, scholarship, loan, and work-study   package; and                      (F)  the average amount of an undergraduate   student's student loans;                (5)  under the heading "ADMISSIONS":                      (A)  the middle 50 percent test score range of   first-time undergraduate students at the institution whose   Scholastic Assessment Test (SAT) scores were in the 25th to 75th   percentile of students' scores at that institution;                      (B)  the middle 50 percent test score range of   first-time undergraduate students at the institution whose   American College Test (ACT) scores were in the 25th to 75th   percentile of students' scores at that institution; and                      (C)  the percentage of the students who applied   for first-time undergraduate admission to the institution who were   offered admission to the institution;                (6)  under the heading "INSTRUCTION":                      (A)  the student/faculty ratio at the   institution;                      (B)  the percentage of organized undergraduate   classes offered by the institution in which fewer than 20 students   are enrolled;                      (C)  the percentage of organized undergraduate   classes offered by the institution in which more than 50 students   are enrolled; and                      (D)  the percentage of teaching faculty members of   the institution who are tenured [or tenure-track];                (7)  under the heading "BACCALAUREATE SUCCESS":                      (A)  four-year, five-year, and six-year   graduation rates for full-time bachelor's degree-seeking students   at the institution, and links to that information disaggregated by   student ethnicity;                      (B)  the average number of fall and spring   semesters of enrollment attempted by a student to obtain a   bachelor's degree; and                      (C)  the retention rate of first-time, full-time,   degree-seeking entering undergraduate students  enrolled in the   institution after one academic year and after two academic years;                (8)  under the heading "FIRST-TIME LICENSURE OR   CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or   certification examination pass rates in the fields of education,   law, pharmacy, nursing, and engineering of students enrolled in the   institution or who have graduated from the institution; and                (9)  under the heading "FUNDING":                      (A)  the total amount of money appropriated by the   legislature to the institution, including money appropriated for   faculty and staff health coverage and retirement benefits, for that   state fiscal year and the corresponding percentage of the   institution's operating budget for that state fiscal year that the   total amount of money appropriated by the legislature represents;                      (B)  the total amount of federal funds from all   federal sources, including grants and research funds, received by   the institution in that state fiscal year and the corresponding   percentage of the institution's operating budget for that state   fiscal year that the total amount of federal funds represents;                      (C)  the total academic costs charged to students   by the institution in that state fiscal year and the corresponding   percentage of the institution's operating budget for that state   fiscal year that the total academic costs represent; and                      (D)  the total amount of money from any source   available to the institution in that state fiscal year.          SECTION 8.  Section 61.057, Education Code, is amended to   read as follows:          Sec. 61.057.  PROMOTION OF TEACHING EXCELLENCE. To achieve   excellence in the teaching of students at institutions and agencies   of higher education, the board shall:                (1)  develop and recommend:                      (A)  minimum faculty compensation plans, basic   increment programs, and incentive salary increases;                      (B)  minimum standards for faculty appointment,   advancement, promotion, and retirement;                      (C)  general policies for faculty teaching loads,   and division of faculty time between teaching, research,   administrative duties, and special assignments;                      (D)  faculty improvement programs, including a   plan for sabbatical leaves, appropriate for the junior and senior   colleges and universities, respectively; and                      (E)  minimum standards for academic freedom[,]   and academic responsibility[, and tenure];                (2)  pursue vigorously and continuously a goal of   having all college and university academic classes taught by   persons holding the minimum of an earned master's degree or its   equivalent in academic training, creative work, or professional   accomplishment;                (3)  explore, promote, and coordinate the use of   educational television among institutions of higher education and   encourage participation by public and private schools and private   institutions of higher education in educational television;                (4)  conduct, and encourage the institutions of higher   education to conduct, research into new methods, materials, and   techniques for improving the quality of instruction and for the   maximum utilization of all available teaching techniques, devices,   and resources, including but not limited to large classes, team   teaching, programmed instruction, interlibrary exchanges, joint   libraries, specially-designed facilities, visual aids, and other   innovations that offer promise for superior teaching or for meeting   the need for new faculty members to teach anticipated larger   numbers of students; and                (5)  assume initiative and leadership in providing   through the institutions of higher education in the state those   programs and offerings which will achieve the objectives set forth   in Section 61.002 of this code.          SECTION 9.  Section 61.0902(b), Education Code, is amended   to read as follows:          (b)  Not later than the next November 1 following the   completion of an academic year, each general academic teaching   institution shall provide to the board one or more reports   containing data related to:                (1)  the qualifications of the entering freshman class   for the academic year covered by the report, including:                      (A)  the average Texas Academic Skills Program   Test scores of the class;                      (B)  the average scores of the class on each   generally recognized test or assessment used in college and   university undergraduate admissions, including the Scholastic   Assessment Test and the American College Test;                      (C)  the range of scores of the class from the 25th   to the 75th percentile on each generally recognized test or   assessment used in college and university undergraduate   admissions, including the Scholastic Assessment Test and the   American College Test;                      (D)  the overall grade point average of the class   for the academic year covered by the report;                      (E)  the number of students in the class who   graduated in the top 10 percent of the student's high school   graduating class; and                      (F)  enrollment percentages by ethnicity; and                (2)  student performance and institution efficiency,   including:                      (A)  the retention rate of full-time students   after the completion of one academic year at the institution;                      (B)  the percentage of full-time degree-seeking   undergraduate students who earn a baccalaureate degree before the   sixth anniversary of the date of the student's first enrollment at   the institution;                      (C)  the percentage of lower-division semester   credit hours taught by tenured [or tenure-track] faculty;                      (D)  the percentage of undergraduate classes with   fewer than 20 students;                      (E)  the percentage of undergraduate classes with   more than 50 students;                      (F)  the student-to-faculty ratio for   undergraduate students;                      (G)  the percentage of students receiving   financial aid;                      (H)  the average cost of tuition and fees for an   undergraduate student enrolled for 12 semester credit hours;                      (I)  the average cost of on-campus room and board   for an academic year, excluding summer sessions;                      (J)  the number of disciplines in which master's   degrees are offered;                      (K)  the number of disciplines in which doctoral   degrees are offered;                      (L)  a description of any departments, schools, or   certificate or degree programs of the institution that have a   statewide or national reputation for excellence; and                      (M)  statistics regarding job placement rates for   students awarded certificates or degrees by the institution.          SECTION 10.  Section 141.001(3), Education Code, is amended   to read as follows:                (3)  "Faculty member" means a person who is tenured [or   is in a tenure track position] and [is] employed by a public senior   college or university.          SECTION 11.  Section 142.001(5), Education Code, is amended   to read as follows:                (5)  "Faculty member" means a person who is tenured by   an eligible institution [or is in a tenure track position] or who is   a research professional employed by an eligible institution.          SECTION 12.  Sections 51.942(b) and (f), Education Code, are   repealed.          SECTION 13.  This Act takes effect September 1, 2025.