Bill Text: TX HB4271 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the administration of public institutions of higher education, including certain restrictions on hiring and tenure decisions, curriculum, and involvement in litigation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-29 - Referred to Higher Education [HB4271 Detail]

Download: Texas-2021-HB4271-Introduced.html
  87R13990 KJE-F
 
  By: Schaefer H.B. No. 4271
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of public institutions of higher
  education, including certain restrictions on hiring and tenure
  decisions, curriculum, and involvement in litigation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.942(c), Education Code, is amended to
  read as follows:
         (c)  In addition to any other provisions adopted by the
  governing board, the rules shall include provisions providing that:
               (1)  each faculty member tenured 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 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 process be directed toward the professional
  development of the faculty member;
               (4)  the process incorporate commonly recognized
  academic due process rights, including notice of the manner and
  scope of the evaluation, the opportunity to provide documentation
  during the evaluation process, and, before a faculty member may be
  subject to disciplinary action on the basis of an evaluation
  conducted pursuant to this section, 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 the governing
  board determines that:
                     (A)  the faculty member:
                           (i)  is incompetent;
                           (ii)  has failed to produce any work of
  scholarship since the preceding performance evaluation under this
  section;
                           (iii)  has not taught a course at the
  institution in any three consecutive academic years; or
                           (iv)  has engaged in [incompetency,] neglect
  of duty;[,] or
                     (B)  other good cause exists for the revocation or
  disciplinary action [is determined to be present].
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Sections 51.9602, 51.982, and 51.983 to read as
  follows:
         Sec. 51.9602.  DISCRIMINATION PROHIBITED IN FACULTY HIRING
  AND TENURE DECISIONS. (a) In this section:
               (1)  "Faculty member" has the meaning assigned by
  Section 51.917.
               (2)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
         (b)  An institution of higher education may not discriminate
  against or give preferential treatment to any person on the basis of
  race, color, religion, sex, national origin, or political,
  ideological, or religious beliefs in making hiring or tenure
  decisions for faculty members at the institution.
         (c)  An institution of higher education shall require each
  person involved in making hiring or tenure decisions for faculty
  members at the institution to certify in writing and under oath
  whether the person:
               (1)  has witnessed or engaged in discrimination or
  preferential treatment prohibited under Subsection (b) in
  connection with the decision; or
               (2)  has reason to believe that the decision was
  affected by such discrimination or preferential treatment.
         (d)  An institution of higher education shall maintain a copy
  of each certification required under Subsection (c) for not less
  than four years from the date the certification is made.
         (e)  Any person who believes that an institution of higher
  education has violated this section may bring an action for
  injunctive relief to compel the institution to comply with this
  section or to recover compensatory damages, court costs, and
  reasonable attorney's fees. If the court finds that the
  institution has repeatedly violated this section, the court may
  order any equitable relief the court determines appropriate,
  including by issuing an injunction restraining future hiring or
  tenure decisions for faculty members at the institution without the
  court's determination that a particular hiring or tenure decision
  does not violate Subsection (b).
         Sec. 51.982.  ABORTION INSTRUCTION PROHIBITED. (a) In this
  section:
               (1)  "Abortion" has the meaning assigned by Section
  245.002, Health and Safety Code.
               (2)  "Abortion-inducing drug" has the meaning assigned
  by Section 171.061, Health and Safety Code.
               (3)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
         (b)  An institution of higher education may not provide
  instruction on the performance of an abortion, including the
  administration of abortion-inducing drugs, or allow or assist
  another person to provide such instruction.
         Sec. 51.983.  RESTRICTION ON PARTICIPATION IN CERTAIN
  LITIGATION. (a) In this section, "institution of higher
  education" has the meaning assigned by Section 61.003.
         (b)  An institution of higher education, including any law
  school of the institution or legal clinic sponsored by or
  affiliated with the institution, may not participate in or assist
  with any litigation or other legal effort that seeks to:
               (1)  prevent the enforcement of any law related to:
                     (A)  abortion;
                     (B)  the definition of marriage;
                     (C)  religious freedom;
                     (D)  immigration; or
                     (E)  capital punishment; or
               (2)  prevent or delay the execution of a sentence of
  death imposed on a person convicted of capital murder.
         SECTION 3.  Section 51.982, Education Code, as added by this
  Act, applies beginning with the 2021-2022 academic year.
         SECTION 4.  Section 51.983, Education Code, as added by this
  Act, applies to litigation filed or pending on or after the
  effective date of this Act, regardless of whether the cause of
  action accrued before, on, or after the effective date of this Act.
         SECTION 5.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2021.
         (b)  Section 51.982, Education Code, as added by this Act,
  takes effect immediately if this Act 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, Section 51.982, Education
  Code, as added by this Act, takes effect September 1, 2021.
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