89R13937 MM-D     By: Creighton 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, the powers and duties of a faculty council or   senate, training for members of the governing board, and the   establishment of the Office of Excellence in Higher Education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 51, Education Code, is   amended by adding Section 51.315 to read as follows:          Sec. 51.315.  GENERAL EDUCATION REVIEW COMMITTEE. (a)  In   this section:                (1)  "Core curriculum" has the meaning assigned by   Section 61.821.                (2)  "Institution of higher education" has the meaning   assigned by Section 61.003.          (b)  The governing board of each institution of higher   education shall appoint a general education review committee at   each institution of higher education under the governing board's   control and management to:                (1)  annually review the core curriculum at the   institution; and                (2)  make recommendations regarding maintaining or   eliminating courses in the institution's core curriculum.          (c)  In appointing the members of the general education   review committee under Subsection (b), the governing board of the   institution of higher education may consider recommendations from   the institution's president.          (d)  Members of an institution of higher education's general   education review committee may include local industry partners and   tenured faculty of the institution.          (e)  In reviewing the institution's core curriculum under   Subsection (b)(1), the general education review committee of an   institution of higher education 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; and                (4)  do not endorse specific public policies,   ideologies, or legislation.          (f)  The general education review committee of an   institution of higher education shall:                (1)  identify competencies in addition to successful   completion of the core curriculum that the institution may require   students to demonstrate; and                (2)  make recommendations to maintain or eliminate   additional competencies required by the institution in accordance   with Subdivision (1).          (g)  The governing board of an institution of higher   education shall approve or deny on an individual basis any   recommendation made by the institution's general education review   committee under Subsection (b)(2).          (h)  An institution of higher education shall make   recommendations made by the institution's general education review   committee publicly available on the institution's Internet website   for at least 30 business days before the date of a meeting at which   the institution's governing board intends to consider the   recommendations.          (i)  Not later than September 1 of each year, the governing   board of each institution of higher education shall certify the   governing board's compliance with this section to the Office of   Excellence in Higher Education established under Chapter 454,   Government Code.          (j)  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 Texas Higher Education Coordinating Board a report certifying   the governing board's compliance with this section during the   preceding state fiscal year.          SECTION 2.  Section 51.352, Education Code, is amended by   amending Subsection (d) and adding Subsections (g), (h), (i), and   (j) 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 vice president, provost, associate or assistant   provost, dean, or a similar leadership position by each institution   under the board's control and management;                (5)  regularly evaluate the chief executive officer,   president, and each individual who holds a leadership position   described by Subdivision (4) at each institution under the board's   control and management to assist the individual in achieving   performance goals, including:                      (A)  maintaining or increasing student retention   and graduation rates;                      (B)  maintaining or increasing the amount of money   available for research; and                      (C)  making efforts to ensure a variety of   perspectives are represented among administration and faculty;                (6)  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                (7) [(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 decision made by the administration of a   campus under the board's control and management.          (h)  The governing board of an institution of higher   education shall post on the institution's Internet website notice   of any meeting at which the board will consider finalists for a   position described by Subsection (d)(4) at least 30 business days   before the date of the meeting.  The notice must include the   curriculum vitae for each individual under consideration for the   position at the meeting that lists the individual's postsecondary   education, teaching experience, significant professional   publications, and professional or academic association   memberships.          (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 Texas Higher Education Coordinating Board a report certifying   the board's compliance with Subsections (d)(2), (3), (4), (5), (6),   and (7) during the preceding state fiscal year.          (j)  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)  the hiring of administration and faculty;                (2)  curriculum;                (3)  any review and evaluation of the institution's   administration; and                (4)  any other subject as determined by the governing   board.          SECTION 3.  Subchapter G, Chapter 51, Education Code, is   amended by adding Sections 51.3522, 51.3523, and 51.3524 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 a faculty council or senate at the   institution. Before establishing the faculty council or senate,   the governing board must adopt a policy governing the election 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 tenured faculty   members; and                (3)  limits the number of members to not more than two   representatives from each college or school, including:                      (A)  one member appointed by the president of the   institution; and                      (B)  one member elected by a vote of the faculty of   the member's respective college or school.          (c)  A faculty council or senate is advisory only. 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 publish a report on any matter not   directly related to the council's or senate's duties.          (d)  Before the adoption or implementation of each proposal   or recommendation made by the faculty council or senate, the   governing board of the institution of higher education, the   institution administration, and any system administration must   review the proposal or recommendation.  The institution shall,   under the direction of the institution's governing board, have   final decision-making authority regarding the adoption or   implementation of a proposal or recommendation made by the council   or senate.          (e)  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.          (f)  A member of the faculty council or senate serves a   one-year term and may be reappointed only after the fourth   anniversary of the member's most recent term of service.          (g)  The president of the institution of higher education,   with the advice and consent 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)  Chapter 551, Government Code, applies to a faculty   council or senate.  A faculty council or senate may meet by   telephone conference call or video conference call subject to the   requirements of that chapter.          (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.          Sec. 51.3523.  ADDITIONAL RESPONSIBILITIES FOR MEMBERS OF   GOVERNING BOARD. (a) The governing board of an institution of   higher education shall approve or deny each of the following on an   individual basis:                (1)  each recommendation made by a faculty council or   senate at an institution of higher education under the board's   control and management on a matter related to curriculum or   academic standards or policies; and                (2)  each posting or other advertisement for a tenured   faculty position in a field other than science, technology,   engineering, or mathematics at each institution under the board's   control and management.          (b)  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 in a field other than science, technology,   engineering, or mathematics will be considered at least seven   business days before the meeting.          Sec. 51.3524.  INFORMATION FOR GOVERNING BOARD APPOINTEES.   In appointing members to the governing board of an institution of   higher education, the governor shall:                (1)  provide to each applicant for appointment detailed   written information regarding:                      (A)  the average number of regular and   special-called meetings an appointee may be required to participate   in;                      (B)  the average amount of time an appointee may   be required to dedicate to the appointee's duties outside of   regular meetings, including to study materials and research issues   brought before the governing board; and                      (C)  the average number of reporting requirements   for members of governing boards; and                (2)  consider imposing strict eligibility   requirements, including:                      (A)  requiring an extensive record of service and   experience on a state board;                      (B)  limiting the number of state boards on which   an appointee may concurrently serve; and                      (C)  avoiding conflicts of interest.          SECTION 4.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.989 to read as follows:          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 and provost of an institution of higher   education shall jointly develop 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:                (1)  for undergraduate minor degree and certificate   programs to avoid consideration for consolidation or elimination:                      (A)  at least 10 students have completed the   program in the two years preceding the date the review process is   conducted; or                      (B)  at least five students are enrolled in the   program at the time the review process is conducted and at least   five students have completed the program in the two years preceding   the date the review process is conducted;                (2)  for graduate minor degree and certificate programs   to avoid consideration for consolidation or elimination, at least   three students are enrolled in the program at the time the review   process is conducted and at least three students have completed the   program in the two years preceding the date the review process is   conducted; and                (3)  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 and provost conduct   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   or provost 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 and provost of an institution of higher   education shall conduct a review under this section once every four   years.          SECTION 5.  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 6.  Section 51.942(c-3), Education Code, is amended   to read as follows:          (c-3)  In addition to any other provisions adopted by the   governing board, the policies and procedures adopted by the   governing board under Subsection (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;                (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; and                (7)  a faculty member may not be involved in   decision-making in a grievance review process or faculty discipline   process.          SECTION 7.  Subtitle D, Title 4, Government Code, is amended   by adding Chapter 454 to read as follows:   CHAPTER 454. OFFICE OF EXCELLENCE IN HIGHER EDUCATION          Sec. 454.001.  DEFINITIONS. In this chapter:                (1)  "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                (2)  "Office" means the Office of Excellence in Higher   Education established under this chapter.          Sec. 454.002.  ESTABLISHMENT. (a) The Office of Excellence   in Higher Education is established to address matters of academic   discourse at institutions of higher education in this state.          (b)  The office is administratively attached to the Texas   Higher Education Coordinating Board.          Sec. 454.003.  DIRECTOR. The director of the office is   appointed by the governor with the advice and consent of the senate   and serves at the pleasure of the governor.          Sec. 454.004.  POWERS AND DUTIES. (a) The office shall   serve as an intermediary between the legislature, the public, and   institutions of higher education, including by answering questions   from the public and the legislature regarding an institution of   higher education's obligations to students, faculty, employees,   and the public.          (b)  The office shall be responsible for receiving and, as   necessary, investigating reports of noncompliance by institutions   of higher education with state law or institution policy. In   investigating a report of noncompliance regarding an institution   received under this section, the office may request information   from the institution or the university system in which the   institution is a component, if applicable.          (c)  An institution of higher education 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. The office shall report an institution that fails to   timely respond to a request under this subsection to the governor,   the lieutenant governor, and the chair of each standing committee   of the legislature with primary jurisdiction over higher education.          (d)  Based on findings related to an investigation under this   section, the office shall submit to the attorney general and the   governing board of an institution of higher education that is the   subject of an investigation under this section a report that   includes the office's final determination regarding the   investigation and recommendations for action based on the   conclusions of the investigation.          (e)  The office may:                (1)  require cooperation from an institution of higher   education in an investigation under this section; and                (2)  publicize a violation of law by an institution of   higher education that is confirmed by an investigation.          Sec. 454.005.  ANNUAL REPORT. The office shall annually   submit a report to the governor, the lieutenant governor, the   attorney general, and the chair of each standing committee of the   legislature with jurisdiction over higher education regarding:                (1)  the number of reports of noncompliance received by   the office;                (2)  the number of investigations conducted by the   office; and                (3)  a summary of the results of investigations   described by Subdivision (2).          SECTION 8.  (a) Except as provided by Subsection (b) of this   section, this Act applies beginning with the 2025-2026 academic   year.          (b)  Sections 51.315(j) and 51.352(i), Education Code, as   added by this Act, apply beginning with money appropriated to a   public institution of higher education for the state fiscal year   beginning September 1, 2026.          SECTION 9.  Each general education review committee   established at a public institution of higher education in   accordance with Section 51.315, Education Code, as added by this   Act, must provide the committee's initial recommendations not later   than June 1, 2027.          SECTION 10.  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.          SECTION 11.  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.