Bill Text: TX SB37 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: 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, powers, and duties of the Texas Higher Education Coordinating Board Office of the Ombudsman.
Sponsorship: Partisan Bill (Republican 8)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [SB37 Detail]
Download: Texas-2025-SB37-Enrolled.html
| S.B. No. 37 | ||
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| 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, powers, and | ||
| duties of the Texas Higher Education Coordinating Board Office of | ||
| the Ombudsman. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. CURRICULUM AND ACADEMIC PROGRAMS | ||
| SECTION 1.01. Subchapter F, Chapter 51, Education Code, is | ||
| amended by adding Section 51.315 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) At least once every five years, the governing board of | ||
| each institution of higher education shall conduct a comprehensive | ||
| review of the general education curriculum established by the | ||
| institution. 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; and | ||
| (4) ensure a breadth of knowledge in compliance with | ||
| applicable accreditation standards. | ||
| (c) In reviewing the general education curriculum of an | ||
| institution of higher education under Subsection (b), the governing | ||
| board of the institution shall consider the potential costs the | ||
| curriculum 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 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 institution 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. | ||
| SECTION 1.02. Section 51.354, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 51.354. INSTITUTIONAL AUTHORITY AND RESPONSIBILITY. | ||
| (a) The final decision-making authority on matters regarding an | ||
| institution of higher education's degree programs and curricula | ||
| belongs to the institution. The institution shall make the | ||
| decisions on those matters under the direction of the institution's | ||
| governing board. | ||
| (b) In addition to specific responsibilities imposed by | ||
| this code or other law, each institution of higher education has the | ||
| general responsibility to serve the public and, within the | ||
| institution's role and mission, to: | ||
| (1) transmit culture through general education; | ||
| (2) extend knowledge; | ||
| (3) teach and train students for professions; | ||
| (4) provide for scientific, engineering, medical, and | ||
| other academic research; | ||
| (5) protect intellectual exploration and academic | ||
| freedom; | ||
| (6) strive for intellectual excellence; | ||
| (7) provide educational opportunity for all who can | ||
| benefit from postsecondary education and training; and | ||
| (8) provide continuing education opportunities. | ||
| SECTION 1.03. 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 or chief executive officer 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 five years at the time the president or chief executive | ||
| officer 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 | ||
| or chief executive officer 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 or chief executive officer of an | ||
| institution of higher education shall conduct a review under this | ||
| section once every five years. | ||
| SECTION 1.04. 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 1.05. Subchapter C, Chapter 61, Education Code, is | ||
| amended by adding Section 61.0522 to read as follows: | ||
| Sec. 61.0522. GENERAL EDUCATION CURRICULUM ADVISORY | ||
| COMMITTEE. (a) In this section: | ||
| (1) "Advisory committee" means the general education | ||
| curriculum advisory committee established under this section. | ||
| (2) "General education curriculum" has the meaning | ||
| assigned by Section 51.315. | ||
| (b) The board shall establish an advisory committee to | ||
| review the general education curriculum requirements of | ||
| institutions of higher education. | ||
| (c) The board shall call for nominations from presidents or | ||
| chief executive officers, chancellors, and chief academic officers | ||
| at all institutions of higher education for representatives to | ||
| serve on the advisory committee. The board shall select a number of | ||
| representatives determined by the board from those nominated with | ||
| nominees drawn equally from two-year and four-year institutions. | ||
| (d) The advisory committee shall consider methods for | ||
| determining general education curriculum component courses and for | ||
| condensing the number of general education curriculum courses | ||
| required at institutions of higher education. | ||
| (e) Not later than November 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 board. | ||
| (f) Not later than December 31, 2026, the board shall review | ||
| the advisory committee's report and submit to the legislature the | ||
| board's recommendations for legislative or other action necessary | ||
| to implement the findings of the report. | ||
| (g) The advisory committee is abolished and this section | ||
| expires September 1, 2027. | ||
| SECTION 1.06. 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. | ||
| ARTICLE 2. INSTITUTIONAL GOVERNANCE | ||
| SECTION 2.01. 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 deputy, associate, or assistant provost by | ||
| each institution under the board's control and management; | ||
| (5) collaborate with institutions under its control | ||
| and management to 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) [ |
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| 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 for the position of vice | ||
| president or dean made by the administration of a campus under the | ||
| board's control and management. Action by the governing board | ||
| under this subsection shall be implemented by the institution | ||
| through appropriate action with respect to the relevant hiring | ||
| decision at issue, including rescission of an employment offer, | ||
| termination of employment, or termination of an employment | ||
| agreement. | ||
| (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 any hiring of | ||
| administration in which the board approved or denied the hiring | ||
| decision or took action under Subsection (g). | ||
| SECTION 2.02. Subchapter G, Chapter 51, Education Code, is | ||
| amended by adding Sections 51.3522, 51.3523, and 51.3541 to read as | ||
| follows: | ||
| 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) except as otherwise provided by the governing | ||
| board, 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 or | ||
| chief executive officer 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 | ||
| using the institution's official seal, trademark, or resources | ||
| funded by the institution 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 unless the expense is on behalf of and approved by | ||
| the institution of higher education. | ||
| (e) A member of the faculty council or senate appointed by | ||
| the president or chief executive officer 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 | ||
| failing to conduct the member's responsibilities within the | ||
| council's or senate's parameters, 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 or chief executive officer. | ||
| (g) The president or chief executive officer of the | ||
| institution of higher education 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 or chief | ||
| executive officer 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 that are to be discussed or that will be | ||
| subject to a vote; 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 right to freedom of association protected by the | ||
| United States Constitution 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 OR CHIEF | ||
| EXECUTIVE OFFICER. (a) In this section, "governing board" and | ||
| "institution of higher education" have the meanings assigned by | ||
| Section 61.003. | ||
| (b) The president or chief executive officer of an | ||
| institution of higher education 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 described by this subsection. | ||
| SECTION 2.03. Section 51.913, Education Code, is amended by | ||
| amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) In [ |
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| (1) "Executive[ |
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| committee" means [ |
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| board of regents of an institution of higher education, which has as | ||
| its primary purpose the evaluation and assessment of candidates and | ||
| nominees for the position of president or chief executive officer | ||
| of a system administration, institution of higher education, or | ||
| other agency of higher education [ |
||
| (2) "Institution of higher education" and "other | ||
| agency of higher education" have the meanings assigned by Section | ||
| 61.003. | ||
| (c) The membership of an executive search committee for a | ||
| president or chief executive officer of an institution of higher | ||
| education must include at least two members of the institution's | ||
| governing board with at least one of those members serving as the | ||
| chair. | ||
| SECTION 2.04. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9431 to read as follows: | ||
| Sec. 51.9431. GRIEVANCE, HIRING, AND DISCIPLINE | ||
| DECISION-MAKING AUTHORITY. (a) In this section, "institution of | ||
| higher education" and "university system" have the meanings | ||
| assigned by Section 61.003. | ||
| (b) Only the president or chief executive officer or provost | ||
| of an institution of higher education, university system | ||
| administration, or the president's or chief executive officer'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 | ||
| who does not serve in an administrative leadership position may not | ||
| have final decision-making authority on the hiring of an individual | ||
| for any faculty or administrative leadership position at the | ||
| institution. | ||
| ARTICLE 3. COORDINATION AND OVERSIGHT OF INSTITUTIONS OF HIGHER | ||
| EDUCATION | ||
| SECTION 3.01. Section 61.031, Education Code, is reenacted | ||
| and amended to read as follows: | ||
| Sec. 61.031. OFFICE OF OMBUDSMAN [ |
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| (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. The office shall perform the functions described by | ||
| this section and coordinate the board's compliance monitoring | ||
| functions under Section 61.035. The ombudsman shall serve as the | ||
| director of compliance and monitoring. | ||
| (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 | ||
| complaints submitted in accordance with Subsection (d) regarding an | ||
| institution of higher education's failure to comply with: | ||
| (1) Section 51.315; | ||
| (2) Section 51.3522; | ||
| (3) Section 51.3525; | ||
| (4) Section 51.3541; | ||
| (5) Section 51.9431; and | ||
| (6) Section 61.0522. | ||
| (d) A student or faculty or staff member at an institution | ||
| of higher education who has reason to believe an institution of | ||
| higher education has failed to comply with a provision listed under | ||
| Subsection (c) may submit a written 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 is not eligible to file a complaint | ||
| under Subsection (d) if the individual has filed with another state | ||
| agency, a federal agency, or a court, as applicable, one of the | ||
| following against the institution of higher education that is the | ||
| subject of the complaint: | ||
| (1) a lawsuit that makes the same or similar | ||
| allegations or arises out of the same factual situation; or | ||
| (2) an administrative complaint that makes the same or | ||
| similar allegations or arises out of the same factual situation. | ||
| (d-2) The office shall dismiss any complaint that the office | ||
| determines was filed in violation of Subsection (d-1). | ||
| (d-3) 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 [ |
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| complaint filed with the board. The file must include: | ||
| (1) the name of the individual [ |
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| complaint; | ||
| (2) the date the complaint is received by the board; | ||
| (3) the subject matter of the complaint; | ||
| (4) the name of each individual [ |
||
| 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 [ |
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| than to investigate the complaint. | ||
| (f) [ |
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| individual [ |
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| alleged to be involved in the failure to comply [ |
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| 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 recommendations based on the conclusions of the | ||
| investigation. | ||
| (j) [ |
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| final disposition of the complaint, shall notify the individual | ||
| [ |
||
| involved in the failure to comply [ |
||
| 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 ombudsman | ||
| and state auditor a report on the noncompliance that includes the | ||
| office's recommendations. | ||
| (l) On receipt of a report under Subsection (k), the | ||
| ombudsman may recommend to the legislature that the institution of | ||
| higher education not be allowed to spend money appropriated to the | ||
| institution for a state fiscal year until the institution's | ||
| governing board certifies compliance and the state auditor confirms | ||
| the institution's compliance. | ||
| (m) [ |
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| 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 [ |
||
| 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 [ |
||
| 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 in the same | ||
| manner as the procedures prescribed by Subchapter B, Chapter 140B, | ||
| Civil Practice and Remedies Code, for civil investigative demands | ||
| issued by the attorney general or a local prosecuting attorney | ||
| under that subchapter; and | ||
| (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. | ||
| (o) The office shall annually submit a report to the | ||
| governor, the lieutenant governor, the state auditor, and the chair | ||
| of each standing legislative committee with jurisdiction over | ||
| higher education regarding: | ||
| (1) the number of complaints 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 3.02. Section 61.0512(c), Education Code, is | ||
| amended to read as follows: | ||
| (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) meets a national need or 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. | ||
| SECTION 3.03. 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; [ |
||
| (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. | ||
| ARTICLE 4. APPLICABILITY; EFFECTIVE DATE | ||
| SECTION 4.01. (a) Except as provided by Subsection (b) of | ||
| this section, this Act applies beginning January 1, 2026. | ||
| (b) A faculty council or senate established at a public | ||
| institution of higher education before the effective date of this | ||
| Act is abolished on September 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. | ||
| (c) 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 4.02. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 37 passed the Senate on | ||
| April 16, 2025, by the following vote: Yeas 20, Nays 11; | ||
| May 28, 2025, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 29, 2025, House | ||
| granted request of the Senate; May 31, 2025, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 20, | ||
| Nays 11. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 37 passed the House, with | ||
| amendments, on May 25, 2025, by the following vote: Yeas 85, | ||
| Nays 56, one present not voting; May 29, 2025, House granted | ||
| request of the Senate for appointment of Conference Committee; | ||
| May 31, 2025, House adopted Conference Committee Report by the | ||
| following vote: Yeas 83, Nays 47, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
