89R15342 MM-D     By: Reynolds H.B. No. 4997       A BILL TO BE ENTITLED   AN ACT   relating to the tenure and employment of faculty members at certain   public institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 51.942, Education Code,   is amended to read as follows:          Sec. 51.942.  PERFORMANCE EVALUATION OF TENURED FACULTY   [TENURE].          SECTION 2.  Section 51.942(a)(1), Education Code, is amended   to read as follows:                (1)  "Governing board" has [and "university system"   have] the meaning [meanings] assigned by Section 61.003.          SECTION 3.  Section 51.942, Education Code, is amended by   amending Subsections (b), (c), (c-1), (c-2), and (c-3) and adding   Subsection (d) to read as follows:          (b)  [Only an institution of higher education's governing   board, on the recommendation of the institution's chief executive   officer and the university system's chancellor, if applicable, may   grant tenure.          [(c)  The granting of tenure may not be construed to create a   property interest in any attribute of a faculty position beyond a   faculty member's continuing employment, including his or her   regular annual salary and any privileges incident to his or her   status as a tenured professor.          [(c-1)]  Each governing board of an institution of higher   education shall adopt policies and procedures providing [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                [(3)  provide] for a periodic performance evaluation   process for all tenured faculty at the institution.          [(c-2)]  The governing board may design its policies and   procedures to fit the institution's particular educational   mission, traditions, resources, and circumstances relevant to the   institution's character, role, and scope, in addition to other   relevant factors determined by the governing board in the policies   and procedures adopted under this section.  The governing board   shall seek advice and comment from the institution's faculty before   adopting any policies and procedures under this section.  The   advice and comment from the faculty on the performance evaluation   of tenured faculty shall be given the utmost consideration by the   governing board.          (c) [(c-3)]  In addition to any other provisions adopted by   the governing board, the policies and procedures adopted by the   governing board under Subsection (b) [(c-1)] must include   provisions providing that:                (1)  each tenured faculty member at the institution be   subject to a comprehensive performance evaluation process   conducted no more often than once every year, but no less often than   once every six years, after the date the faculty member was granted   tenure or received an academic promotion at the institution;                (2)  the comprehensive performance evaluation be based   on the professional responsibilities of the faculty member, in   teaching, research, service, patient care, and administration, and   include peer review of the faculty member;                (3)  the comprehensive performance evaluation process   be directed toward the professional development of the faculty   member;                (4)  the comprehensive performance evaluation process   incorporate commonly recognized academic due process rights,   including notice of the manner and scope of the comprehensive   performance evaluation, the opportunity to provide documentation   during the comprehensive performance evaluation process, and,   before a faculty member may be subject to disciplinary action on the   basis of a comprehensive performance evaluation conducted under   this subsection, notice of specific charges and an opportunity for   hearing on those charges; and                (5)  a faculty member be subject to revocation of   tenure or other appropriate disciplinary action if, during the   comprehensive performance evaluation, incompetency, neglect of   duty, or other good cause is determined to be present [; and                [(6)  for a faculty member who receives an   unsatisfactory rating in any area of any evaluation conducted under   this section, the evaluation process provide for a short-term   development plan that includes performance benchmarks for   returning to satisfactory performance].          (d)  A faculty member subject to termination on the basis of   an evaluation conducted under this section must be given the   opportunity for referral of the matter to a nonbinding alternative   dispute resolution process as described in Chapter 154, Civil   Practice and Remedies Code. If both parties agree, another type of   alternative dispute resolution method may be elected. The governing   board must give specific reasons in writing for any decision to   terminate a faculty member on the basis of an evaluation conducted   under this section.          SECTION 4.  The following provisions of the Education Code   are repealed:                (1)  Section 51.942(a)(4); and                (2)  Section 51.942(c-4).          SECTION 5.  This Act takes effect September 1, 2025.