By: Creighton, et al. S.B. No. 37     A BILL TO BE ENTITLED   AN ACT   relating to the governance of public institutions of higher   education, including review of curriculum and certain degree and   certificate programs, a faculty council or senate, training for   members of the governing board, and the establishment of the Texas   Higher Education Coordinating Board Office of the Ombudsman;   authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 51, Education Code, is   amended by adding Sections 51.315 and 51.316 to read as follows:          Sec. 51.315.  GENERAL EDUCATION CURRICULUM REVIEW. (a) In   this section:                (1)  "General education curriculum" means a core   curriculum, as that term is defined by Section 61.821, and any other   curriculum or competency all undergraduate students of an   institution of higher education are required to complete before   receiving an undergraduate degree.                (2)  "Governing board" and "institution of higher   education" have the meanings assigned by Section 61.003.          (b)  The governing board of each institution of higher   education shall conduct a comprehensive review of the general   education curriculum and other graduation requirements established   by the institution at least once every five years.  In reviewing an   institution's general education curriculum, the governing board   shall ensure courses in the curriculum:                (1)  are foundational and fundamental to a sound   postsecondary education;                (2)  are necessary to prepare students for civic and   professional life;                (3)  equip students for participation in the workforce   and in the betterment of society;                (4)  ensure a breadth of knowledge in compliance with   applicable accreditation standards; and                (5)  do not require or attempt to require a student to   adopt a belief that any race, sex, or ethnicity or social,   political, or religious belief is inherently superior to any other   race, sex, or ethnicity or social, political, or religious belief,   or to adopt any other similar ideology.          (c)  In reviewing the general education curriculum and other   graduation requirements for an institution of higher education   under Subsection (b), the governing board of the institution shall   consider the potential costs the curriculum or requirements may   impose on students, including for additional tuition, fees, and   time a student must spend to complete an undergraduate degree   program at the institution.          (d)  Each individual in a leadership position that oversees   curriculum or student affairs for the institution of higher   education shall annually submit to the governing board of the   institution an update regarding any changes to the general   education curriculum offered at the institution. The governing   board may reserve the right to overturn any decision made by the   individuals described by this subsection regarding any changes to   the general education curriculum offered at the institution.          (e)  The governing board of an institution of higher   education may appoint a committee to assist the governing board in   carrying out its duties under this section, including by making   recommendations to the governing board. Members of the committee   may include:                (1)  faculty employed full-time by the institution;                (2)  institution administrators;                (3)  community leaders;                (4)  industry representatives; and                (5)  other individuals selected by the governing board.          (f)  Not later than January 1 of each year a review is   conducted under this section, the governing board of each   institution of higher education shall certify the governing board's   compliance with this section to the Texas Higher Education   Coordinating Board and each standing legislative committee and   subcommittee with primary jurisdiction over higher education.          Sec. 51.316.  DEGREE PROGRAM REVIEW PROCEDURE. (a) In this   section:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (2)  "Governing board" and "institution of higher   education" have the meanings assigned by Section 61.003.          (b)  Every five years, the coordinating board shall:                (1)  conduct a credential of value review to determine   the return on investment for students, including a review of   manageable student debt levels for degree programs at each   institution of higher education; and                (2)  prepare and provide to the governing board of each   institution of higher education a report on the review conducted   under Subdivision (1) for the institution.          (c)  After each review under Subsection (b)(1), the   coordinating board shall determine recommended thresholds for each   reviewed degree program based on the coordinating board's   manageable student debt and return on investment analysis under   that subdivision in a manner consistent with the goals of the   coordinating board's long-range master plan for higher education   and recommend one of the following value ratings for the program:                (1)  "meets";                (2)  "conditional"; or                (3)  "does not meet".          (d)  The governing board of each institution of higher   education shall assign a value rating to each degree program   offered by the institution based on the coordinating board's   recommendation under Subsection (c).  The governing board may not   delegate its authority under this subsection.          (e)  Each institution of higher education shall publish   prominently on the institution's Internet website a list of each   degree program offered by the institution and the value rating   assigned under Subsection (d) for that program.          (f)  For each degree program that receives a "does not meet"   rating under Subsection (d), the governing board, not later than   the first academic year that begins after the rating is issued,   shall:                (1)  close the degree program if the program is not a   program described by Subdivision (2), provide notice of the closure   to each student enrolled in the program at the time the program   receives the rating, and give the student the opportunity to   complete the student's degree;                (2)  continue the degree program if the program is on a   list of programs determined by the coordinating board as necessary   to meet state workforce demands or is in a high-demand field, as   defined by coordinating board rule; or                (3)  require the institution of higher education to   redesign the degree program to achieve a rating of at least   "conditional" and seek reevaluation by the coordinating board.          (g)  The coordinating board shall reevaluate and issue a new   rating to a degree program identified under Subsection (f)(3) not   later than the 180th day after the date an institution of higher   education submits the redesigned program to the coordinating board.   If the program is rated as "does not meet" after reevaluation under   this subsection, the governing board of the institution shall take   the action required under Subsection (f)(1) not later than the   first academic year that begins after the coordinating board's new   rating is issued.          (h)  The governing board of each institution of higher   education shall annually submit to the governor, the lieutenant   governor, the speaker of the house of representatives, and each   member of the legislature a report documenting the status of each   degree program offered by each institution under the governing   board's authority that has received a rating of "does not meet"   under Subsection (d), including each action taken by the governing   board under Subsection (f) regarding the program.          (i)  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 coordinating board a report certifying the governing board's   compliance with this section during the preceding state fiscal   year.          (j)  An institution of higher education may not use money   appropriated by the legislature to provide a degree program that   receives a "does not meet" rating beginning with the academic year   immediately following the academic year in which the program   received a final rating of "does not meet" under Subsection (f) or   (g), as applicable.          (k)  The coordinating board shall adopt rules necessary to   administer this section.          SECTION 2.  Section 51.352, Education Code, is amended by   amending Subsection (d) and adding Subsections (g) and (h) 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)  approve or deny the hiring of an individual for the   position of provost or dean by each institution under the board's   control and management;                (5)  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; and                (6) [(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)  The governing board of an institution of higher   education may overturn any hiring decision made by the   administration of a campus under the board's control and   management.          (h)  The governing board of each institution of higher   education shall annually submit to the governor, the lieutenant   governor, the speaker of the house of representatives, and each   member of the legislature a report regarding decisions made by the   governing board for the applicable academic year on:                (1)  any hiring of administration and faculty in which   the board was involved;                (2)  any review and evaluation of the institution's   administration; and                (3)  any other subject as determined by the governing   board.          SECTION 3.  Subchapter G, Chapter 51, Education Code, is   amended by adding Sections 51.35205, 51.3522, 51.3523, and 51.3541   to read as follows:          Sec. 51.35205.  ADDITIONAL RESPONSIBILITIES OF GOVERNING   BOARD.  (a)  In this section, "governing board" and "institution   of higher education" have the meanings assigned by Section 61.003.          (b)  The governing board of an institution of higher   education shall approve or deny on an individual basis or in   accordance with Subsection (d)(3) each posting or other   advertisement for a tenured faculty position in a field related to   liberal arts, communications, education, and social work at each   institution under the governing board's authority.          (c)  The governing board of an institution of higher   education shall post on the institution's Internet website notice   of each meeting at which a posting or other advertisement for a   tenured faculty position described by Subsection (b) will be   considered at least seven business days before the meeting.          (d)  The governing board of an institution of higher   education may establish a subcommittee on educational excellence   composed of members of the governing board. The subcommittee may:                (1)  consider whether to approve or deny the hiring of   an individual for the position of provost or dean by each   institution under the board's control and management;                 (2)  consider each posting or other advertisement for a   tenured faculty position described by Subsection (b);                 (3)  present the subcommittee's decisions regarding the   hiring of an individual for the position of provost or dean under   Subdivision (1) and the posting or other advertisements considered   under Subdivision (2) for approval en bloc by the full governing   board; and                 (4)  annually approve or overturn any changes made to   the general education curriculum in accordance with Section 51.315.          Sec. 51.3522.  FACULTY COUNCIL OR SENATE. (a)  In this   section, "faculty council or senate" means a representative faculty   organization.          (b)  Only the governing board of an institution of higher   education may establish a faculty council or senate at the   institution. Before establishing the faculty council or senate,   the governing board must adopt a policy governing the selection of   the faculty council's or senate's members that:                (1)  ensures adequate representation of each college   and school of the institution;                (2)  requires the members to be faculty members; and                (3)  limits the number of members to not more than 60   with at least two representatives from each college or school,   including:                      (A)  one member appointed by the president of the   institution; and                      (B)  the remaining members elected by a vote of   the faculty of the member's respective college or school.          (c)  A faculty council or senate is advisory only and may not   be delegated the final decision-making authority on any matter. A   faculty council or senate shall represent the entire faculty of the   institution of higher education and advise the institution   administration and any system administration regarding matters   related to the general welfare of the institution.  A faculty   council or senate may not issue any statement or publish a report on   any matter not directly related to the council's or senate's duties   to advise the institution administration.          (d)  Service on the faculty council or senate is an   additional duty of the faculty member's employment.  Members of the   faculty council or senate are not entitled to compensation or   reimbursement of expenses for their role as members of the faculty   council or senate.          (e)  A member of the faculty council or senate appointed by   the president of the institution of higher education in accordance   with Subsection (b)(3)(A) may serve up to six consecutive one-year   terms and then may only be reappointed after the second anniversary   of the last day of the member's most recent term. A member of the   faculty council or senate elected by a vote of the faculty of the   member's respective college or school serves a two-year term,   staggered in a manner that allows approximately one-half of the   elected members to be elected each year, and may only be reelected   after the second anniversary of the last day of the member's most   recent term.          (f)  A faculty member serving on the faculty council or   senate may be immediately removed from the council or senate for   failure to conduct the member's responsibilities within the   council's or senate's parameters, including by using the member's   position for political advocacy, failing to attend council or   senate meetings, or engaging in other similar misconduct. A member   of a faculty council or senate may be removed on recommendation of   the institution's provost and approval by the institution's   president.          (g)  The president of the institution of higher education,   with the approval of the governing board, shall appoint a presiding   officer, associate presiding officer, and secretary from the   members of the faculty council or senate.          (h)  The presiding officer appointed under Subsection (g)   shall preside over meetings of the faculty council or senate and   represent the council or senate in official communications with the   institution administration and any system administration.          (i)  Chapter 2110, Government Code, does not apply to a   faculty council or senate.          (j)  The faculty council or senate 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 of higher education.          (k)  The faculty council or senate shall broadcast over the   Internet live video and audio, as applicable, of each open meeting   of the council or senate if more than 50 percent of the members of   the council or senate are in attendance.          (l)  The faculty council or senate shall adopt rules for   establishing a quorum.          (m)  The following shall be made available to the public on   the institution of higher education's Internet website not later   than the seventh day before a meeting of the faculty council or   senate:                (1)  an agenda for the meeting with sufficient detail   to indicate the items on which final action is contemplated; and                (2)  any curriculum proposals reviewed by the council   or senate that will be discussed or voted on at the meeting.          (n)  The names of the members in attendance must be recorded   at a meeting in which the faculty council or senate conducts   business related to:                (1)  a vote of no confidence regarding an institution   or system administrator; or                (2)  policies related to curriculum and academic   standards.          (o)  This section may not be construed to limit a faculty   member of an institution of higher education from exercising the   faculty member's freedom of association protected by the United   States or Texas Constitution.          Sec. 51.3523.  SHARED GOVERNANCE. (a)  In this section,   "governing board" and "institution of higher education" have the   meanings assigned by Section 61.003.           (b)  Institutions of higher education in this state shall be   governed by a principle of shared governance, which refers to a   structured decision-making process in which the governing board of   the institution exercises ultimate authority and responsibility   for institutional oversight, financial stewardship, and policy   implementation, while allowing for appropriate consultation with   faculty, administrators, and other stakeholders on matters related   to academic policy and institutional operations. The principle of   shared governance may not be construed to diminish the authority of   the governing board to make final decisions in the best interest of   the institution, students, and taxpayers.          (c)  Administrators at institutions of higher education must   make decisions in a manner that promotes efficiency,   accountability, and responsiveness to state priorities, workforce   needs, and the institution's institutional mission. Faculty and   staff may provide recommendations on academic matters, but that   input is only advisory in nature, ensuring that governing boards   and institutional leadership retain clear and ultimate   decision-making authority. Shared governance structures may not be   used to obstruct, delay, or undermine necessary institutional   reforms or serve as a mechanism for advancing ideological or   political agendas.          Sec. 51.3541.  RESPONSIBILITY OF PRESIDENT. (a) In this   section, "governing board," "institution of higher education," and   "university system" have the meanings assigned by Section 61.003.          (b)  The president of an institution of higher education, in   consultation with the chancellor of any university system of which   the institution is a component, shall conduct annual evaluations   for individuals who hold the positions of vice president, provost,   dean, or a similar leadership position that oversees curriculum or   student affairs for the institution and report to the institution's   governing board regarding any decision to remove an individual from   a position.          (c)  The president of an institution of higher education may   not delegate the president's responsibilities under this section to   any other individual.          SECTION 4.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Sections 51.9431 and 51.989 to read as follows:          Sec. 51.9431.  GRIEVANCE, HIRING, AND DISCIPLINE   DECISION-MAKING AUTHORITY. (a) In this section, "governing   board," "institution of higher education," and "university system"   have the meanings assigned by Section 61.003.          (b)  Only the president or provost of an institution of   higher education, university system administration, or the   president's, provost's, or administration's designee may be   involved in decision-making regarding review of a faculty   grievance, including under Section 51.960, or the faculty   discipline process.          (c)  A faculty member of an institution of higher education   may not have final decision-making authority on any decision   regarding the hiring of an individual for employment by the   institution.          Sec. 51.989.  REVIEW OF MINOR DEGREE AND CERTIFICATE   PROGRAMS. (a)  In this section, "governing board" and "institution   of higher education" have the meanings assigned by Section 61.003.          (b)  The president of an institution of higher education   shall adopt and implement a process for reviewing minor degree and   certificate programs offered by the institution to identify   programs with low enrollment that may require consolidation or   elimination.          (c)  The criteria for review under Subsection (b) must   require that minor degree and certificate programs have specific   industry data to substantiate workforce demand to avoid   consideration for consolidation or elimination.          (d)  A minor degree or certificate program that has operated   less than six years at the time the president of an institution of   higher education conducts the review under this section is exempt   from that review.          (e)  The governing board of an institution of higher   education shall approve or deny any decision made by the president   of the institution to consolidate or eliminate a minor degree or   certificate program as a result of the review conducted under this   section.          (f)  The president of an institution of higher education   shall conduct a review under this section once every five years.          SECTION 5.  Section 61.031, Education Code, is reenacted and   amended to read as follows:          Sec. 61.031.  OFFICE OF OMBUDSMAN [PUBLIC INFORMATION AND   COMPLAINTS]. (a)  In this section:                (1)  "Office" means the Texas Higher Education   Coordinating Board Office of the Ombudsman established under this   section.                (2)  "Ombudsman" means the individual serving as   ombudsman for the office.          (b)  The board shall establish the Texas Higher Education   Coordinating Board Office of the Ombudsman to serve as an   intermediary between the legislature and the public and   institutions of higher education, including by answering questions   from the legislature and the public regarding the obligations of an   institution of higher education to students, faculty, employees,   and the public.          (b-1)  The governor, with the advice and consent of the   senate, shall appoint a person to serve as ombudsman.  The ombudsman   serves at the pleasure of the governor.          (c)  The office shall receive and, if necessary, investigate   reports regarding an institution of higher education's failure to   comply with:                (1)  Sections 51.315 and 51.316;                (2)  Section 51.3522;                (3)  Section 51.3525;                (4)  Section 51.3541;                (5)  Section 51.9431; and                (6)  Section 61.0522.           (d)  An individual with reason to believe an institution of   higher education has failed to comply with a provision listed under   Subsection (c) may submit a complaint to the office that:                (1)  provides the individual's name and contact   information;                (2)  states the specific statute the individual   believes has been violated; and                (3)  includes specific facts supporting the   allegation, including:                      (A)  relevant dates;                      (B)  identifying information regarding the   individuals involved; and                      (C)  any supporting evidence in the individual's   possession.          (d-1)  An individual who knowingly submits a false complaint   under Subsection (d) shall be held responsible for any costs   incurred by the office in conducting an investigation resulting   from the false complaint. The office may refuse to investigate a   future complaint filed by an individual who is found to have   knowingly filed a false complaint.          (e)  The office [board] shall maintain a file on each written   complaint filed with the board.  The file must include:                (1)  the name of the person who filed the complaint;                (2)  the date the complaint is received by the board;                (3)  the subject matter of the complaint;                (4)  the name of each person contacted in relation to   the complaint;                (5)  a summary of the results of the review or   investigation of the complaint; and                (6)  an explanation of the reason the file was closed,   if the office [board] closed the file without taking action other   than to investigate the complaint.          (f) [(b)]  The office [board] shall provide to the person   filing the complaint and to each person who is a subject of the   complaint a copy of the office's [board's] policies and procedures   relating to complaint investigation and resolution.          (g)  The office shall notify the governing board of the   institution of higher education that is the subject of a complaint   of noncompliance that meets the requirements under Subsection (d)   not later than the fifth day after the date the office receives the   complaint. The governing board of the institution shall respond to   the complaint not later than the 175th day after the date the   governing board receives the notice unless the office has granted   an extension for good cause.          (h)  In investigating a complaint of noncompliance regarding   an institution of higher education received under this section, the   office may request information from the institution. The governing   board of the institution shall respond in writing to the office's   written request for information not later than the 30th day after   the date the institution receives the request.  This subsection may   not be construed to require an institution to provide privileged   information to the office.          (i)  Based on findings related to an investigation under this   section, the office shall submit to the governing board of the   institution of higher education that is the subject of an   investigation under this section a report on the investigation that   includes the office's final determination regarding the   investigation and requirements for action based on the conclusions   of the investigation.          (j) [(c)]  The office [board], at least quarterly until   final disposition of the complaint, shall notify the person filing   the complaint and each person who is a subject of the complaint of   the status of the investigation unless the notice would jeopardize   an undercover investigation.          (k)  If, not later than the 180th day after the date the   office submits the report under Subsection (i) to the governing   board of an institution of higher education that is the subject of   an investigation under this section, the office determines the   governing board has not resolved any noncompliance issues   identified in the report, the office shall submit to the attorney   general a report on the noncompliance that includes the office's   requirements for action.          (l)  On receipt of a report under Subsection (k), the   attorney general may ensure the institution of higher education's   compliance by acting to impose penalties on the institution,   including recommending to the legislature that the institution not   be allowed to spend money appropriated to the institution for a   state fiscal year until the institution's governing board certifies   compliance.          (m) [(d)]  Notwithstanding any other provision of law,   information that relates to a current, former, or prospective   applicant or student of an educational institution and that is   obtained, received, or held by the office [board] for the purpose of   providing assistance with access to postsecondary education is   confidential and excepted from disclosure under Chapter 552,   Government Code, and may only be released in conformity with the   Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g).  The office [board] may withhold information   prohibited from being disclosed under this subsection without   requesting a decision from the attorney general under Subchapter G,   Chapter 552, Government Code.          (n)  The office may:                (1) issue a civil investigative demand;                (2)  require cooperation from an institution of higher   education in an investigation under this section if the office   determines a complaint of noncompliance with a provision listed   under Subsection (c) is credible; and                (3)  publicize a violation of a provision listed under   Subsection (c) by an institution of higher education that is   confirmed by an investigation.          (o)  The office shall annually submit a report to the   governor, the lieutenant governor, the attorney general, and the   chair of each standing legislative committee with jurisdiction over   higher education regarding:                (1)  the number of reports of noncompliance with a   provision listed under Subsection (c) received by the office;                (2)  the number of investigations conducted and   substantiated by the office; and                (3)  a summary of the results of investigations   described by Subdivision (2).          SECTION 6.  Sections 61.0512(a), (c), (e), (f), and (h),   Education Code, are amended to read as follows:          (a)  A new degree [or certificate] program may be added at an   institution of higher education only with specific prior approval   of the board.  A new degree [or certificate] program is considered   approved if the board has not completed a review under this section   and acted to approve or disapprove the proposed program before the   first anniversary of the date on which an institution of higher   education submits a completed application for approval to the   board.  The board may not summarily disapprove a program without   completing the review required by this section.  The board shall   specify by rule the elements that constitute a completed   application and shall make an administrative determination of the   completeness of the application not later than the fifth business   day after receiving the application.  A request for additional   information in support of an application that has been determined   administratively complete does not toll the period within which the   application is considered approved under this section.          (c)  The board shall review each degree [or certificate]   program offered by an institution of higher education at the time   the institution requests to implement a new program to ensure that   the program:                (1)  is needed by the state and the local community and   does not unnecessarily duplicate programs offered by other   institutions of higher education or private or independent   institutions of higher education;                (2)  has adequate financing from legislative   appropriation, funds allocated by the board, or funds from other   sources;                (3)  has necessary faculty and other resources to   ensure student success; and                (4)  meets academic standards specified by law or   prescribed by board rule, including rules adopted by the board for   purposes of this section, or workforce standards established by the   Texas Workforce Investment Council.          (e)  The board shall review each degree [or certificate]   program offered by an institution of higher education at least   every 10 years after a new program is established using the criteria   prescribed by Subsection (c).          (f)  Except as provided by Section 51.316, the [The] board   may not order the consolidation or elimination of any degree [or   certificate] program offered by an institution of higher education   but may, based on the board's review under Subsections (d) and (e),   recommend such action to an institution's governing board.  If an   institution's governing board does not accept recommendations to   consolidate or eliminate a degree [or certificate] program, the   university system or, where a system does not exist, the   institution, must identify the programs recommended for   consolidation or elimination on the next legislative   appropriations request submitted by the system or institution.          (h)  In approving a degree [or certificate] program under   this section, the board:                (1)  for a doctoral program, may not consider   undergraduate graduation or persistence rates; and                (2)  for a baccalaureate degree program proposed to be   offered by a public junior college previously authorized by the   board to offer baccalaureate degree programs under former Section   130.0012:                      (A)  shall approve the degree program within 60   days after the date the board receives notice of the degree program   if the degree program:                            (i)  is approved by the governing board of   the junior college district; and                            (ii)  is not an engineering program; and                      (B)  is considered to have approved the degree   program after the date described by Paragraph (A) if the conditions   of that paragraph are satisfied.          SECTION 7.  Section 61.052, Education Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  A governing board may exclude from the comprehensive   list of courses submitted under Subsection (a) courses that were   not taught as an organized class or provided through individual   instruction for the preceding two academic years.          SECTION 8.  Subchapter C, Chapter 61, Education Code, is   amended by adding Section 61.0522 to read as follows:          Sec. 61.0522.  CURRICULUM ADVISORY COMMITTEE. (a) In this   section:                (1)  "Advisory committee" means the curriculum   advisory committee established under this section.                (2)  "Core curriculum" has the meaning assigned by   Section 61.821.          (b)  The board shall establish an advisory committee to   review the core curriculum requirements of institutions of higher   education.          (c)  The advisory committee consists of:                (1)  three members appointed by the governor;                (2)  two members appointed by the lieutenant governor;                (3)  two members appointed by the speaker of the house   of representatives; and                (4)  representatives selected by the board in   accordance with Subsection (c-1).          (c-1)  The board shall call for nominations from presidents,   chancellors, and chief academic officers at all institutions of   higher education for representatives to serve on the advisory   committee. The board shall select six representatives from those   nominated with nominees drawn equally from two-year and four-year   institutions.          (d)  The governor shall appoint the chair of the advisory   committee from among the governor's appointees.          (e)  The advisory committee shall consider methods for   determining foundational component courses and for condensing the   number of core curriculum courses required at institutions of   higher education.          (f)  Not later than December 1, 2026, the advisory committee   shall produce a report regarding the advisory committee's findings   and recommendations under this section and provide the report to   the governing boards of institutions of higher education.          (g)  The board shall adopt rules based on the findings of the   advisory committee and ensure the governing boards of institutions   of higher education implement those rules.          (h)  Not later than the start of the 2027-2028 academic year,   the governing board of each institution of higher education shall   implement the advisory committee's recommendations included in the   report provided under Subsection (f).          (i)  The advisory committee is abolished and this section   expires September 1, 2027.          SECTION 9.  Section 61.084, Education Code, is amended by   amending Subsection (d) and adding Subsection (i) to read as   follows:          (d)  The content of the instruction at the training program   shall focus on the official role and duties of the members of   governing boards and shall provide training in the areas of   budgeting, policy development, ethics, and governance.  Topics   covered by the training program must include:                (1)  auditing procedures and recent audits of   institutions of higher education;                (2)  the enabling legislation that creates   institutions of higher education;                (3)  the role of the governing board at institutions of   higher education and the relationship between the governing board   and an institution's administration, faculty and staff, and   students, including limitations on the authority of the governing   board;                (4)  the mission statements of institutions of higher   education;                (5)  disciplinary and investigative authority of the   governing board;                (6)  the requirements of the open meetings law, Chapter   551, Government Code, and the open records law, Chapter 552,   Government Code;                (7)  the requirements of conflict of interest laws and   other laws relating to public officials;                (8)  any applicable ethics policies adopted by   institutions of higher education or the Texas Ethics Commission;                (9)  the requirements of laws relating to the   protection of student information under the Family Educational   Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or any   other federal or state law relating to the privacy of student   information; [and]                (10)  an overview of the legislature, the General   Appropriations Act, and the state budget as those topics relate to   the responsibilities of the governing board;                (11)  an emphasis on the commitment the members of the   governing board are making to:                      (A)  the institutions of higher education under   the board's control and management and, if applicable, the   university system;                      (B)  this state; and                      (C)  taxpayers of this state; and                (12)  any other topic relating to higher education the   board considers important.          (i)  On completion of a training program under this section,   a member of a governing board shall provide a sworn statement   affirming the member's understanding of the member's duties and   responsibilities.          SECTION 10.  This Act applies beginning with the 2025-2026   academic year.          SECTION 11.  Not later than January 1, 2027, the governing   board of each public institution of higher education shall:                (1)  complete the governing board's initial review in   accordance with Section 51.315, Education Code, as added by this   Act; and                (2)  certify compliance with Section 51.315, Education   Code, as added by this Act, as required by Subsection (f) of that   section.          SECTION 12.  (a)  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   the manner prescribed by 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   based on a finding by the governing board that the faculty council   or senate meets the requirements of any policy adopted by the   governing board under that section.          (b)  A faculty council or senate authorized but not yet   established at a public institution of higher education before the   effective date of this Act may be established only in the manner   prescribed by Section 51.3522, Education Code, as added by this   Act.          SECTION 13.  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.