88R9335 CXP-F     By: Menéndez, et al. S.B. No. 2194       A BILL TO BE ENTITLED   AN ACT   relating to promoting racial equity in the hiring and promotion of   faculty members by public institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9085 to read as follows:          Sec. 51.9085.  FACULTY DIVERSIFICATION PLAN AND REPORT. (a)   In this section, "institution of higher education" has the meaning   assigned by Section 61.003.          (b)  Each institution of higher education shall develop a   five-year, research-based plan to increase racial diversity among   faculty members at the institution. The plan must include:                (1)  diversity and equity assessments that include the   perspectives of faculty members of color;                (2)  strategies for increasing racial diversity among   faculty members to the extent necessary to reflect the racial   diversity of the institution's student population; and                (3)  research-based methods for supporting faculty   members of color to and through tenure and promotion.          (c)  Each institution of higher education shall update its   plan as appropriate at the conclusion of each five-year period.          (d)  Each institution of higher education shall annually   prepare and submit to the Texas Higher Education Coordinating Board   a report on the institution's progress in increasing racial   diversity among faculty members in accordance with the plan   developed under this section. The report must include data on the   rank, salary, tenure, and promotion of faculty members of color as   compared to white faculty members at the institution, disaggregated   by department and college, as applicable.          SECTION 2.  Section 61.057, Education Code, is amended to   read as follows:          Sec. 61.057.  PROMOTION OF TEACHING EXCELLENCE AND EQUITY.   (a) To achieve excellence and equity in the teaching of students at   institutions and agencies of higher education, the board shall:                (1)  develop and recommend:                      (A)  minimum equitable faculty compensation   plans, basic increment programs, and incentive salary increases;                      (B)  minimum equitable standards for faculty   appointment, advancement, promotion, and retirement;                      (C)  equitable [general] policies for faculty   teaching loads, and division of faculty time between teaching,   research, administrative duties, and special assignments;                      (D)  equitable faculty improvement programs,   including a plan for sabbatical leaves, appropriate for the junior   and senior colleges and universities, respectively; and                      (E)  minimum equitable standards for academic   freedom, academic responsibility, and tenure;                (2)  pursue vigorously and continuously a goal of   having all college and university academic classes taught by   racially diverse faculty members [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, especially faculty members of   color, 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].          (b)  For purposes of this section, a plan, program, policy,   or standard is equitable if it is:                (1)  free from racial bias and discriminatory barriers;                 (2)  characterized by support based on an understanding   of the distinct needs of faculty members of color;                (3)  designed with structures that promote the success   of faculty members of color; and                (4)  intentional about ensuring that faculty members of   color are represented at all levels of decision-making.          SECTION 3.  Section 61.059(a), Education Code, is amended to   read as follows:          (a)  To finance a system of higher education and to secure an   equitable distribution of state funds deemed to be available for   higher education, the board shall perform the functions described   in this section. Funding policies shall:                (1)  allocate resources efficiently and provide   incentives for programs of superior quality and for institutional   diversity that reflects proportional racial representation between   faculty members and students, as provided in each institution of   higher education's faculty diversification plan developed under   Section 51.9085;                (2)  provide incentives for supporting the five-year   master plan developed and revised under Section 61.051;                (3)  discourage unnecessary duplication of course   offerings between institutions and unnecessary construction on any   campus; and                (4)  emphasize an alignment with education goals   established by the board.          SECTION 4.  (a) As soon as practicable after the effective   date of this Act, each public institution of higher education shall   develop the faculty diversification plan required under Section   51.9085, Education Code, as added by this Act.          (b)  Not later than September 1, 2024, each public   institution of higher education shall prepare and submit to the   Texas Higher Education Coordinating Board the initial report   required under Section 51.9085, Education Code, as added by this   Act.          SECTION 5.  This Act takes effect September 1, 2023.