HBA-MPM H.B. 2079 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2079
By: Rangel
Higher Education
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Full-time faculty members at public institutions of higher education, both
non-tenured and tenured, have voiced concern about not receiving a contract
or employment agreement from the institution's administrative offices until
after the start of the academic year, or in some cases, not at all.  The
date by which a contract or agreement is issued by the administration is at
the administration's discretion. While state law does not make provisions
for non-tenured and tenured faculty members at institutions of higher
education regarding timely issuance of contracts or other agreement,
Chapter 21, Texas Education Code, makes specific provisions for a public
school teacher serving on a term contract to be informed of contract status
within a certain time frame.  H.B. 2079 provides standards governing time
frames by which institutions of higher educations must issue non-tenured
faculty members a contract or agreement or provide them in writing with
reasons why it is unable to comply with this provision.  This bill also
provides a penalty an institution of higher education is to pay a faculty
member if it does not comply with the specified provisions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.943, as follows: 

Sec. 51.943.  RENEWAL OF FACULTY EMPLOYMENT CONTRACTS.  (a)  Defines
"contract" as an agreement between an institution of higher education or
its agent and a faculty member that establishes the terms of the faculty
member's employment, including the faculty member's responsibilities, for
an academic year or other period.  Defines "faculty member" as an untenured
person who is employed full-time by an institution of higher education as a
faculty or staff member, including a professional librarian with specific
duties. Provides that this term does not include a person who holds faculty
rank but who spends a majority of the person's time for the institution
engaged in managerial or supervisory activities, including a chancellor,
vice chancellor, president, vice president, provost, associate or assistant
provost, dean, or associate or assistant dean.  Defines "institution of
higher education" with the meaning assigned under Section 61.003
(Definitions), Education Code, where this term is defined as any public
technical institute, public junior college, public senior college or
university, medical or dental unit, or other agency of higher education as
defined in that section. 

(b)  Requires an institution of higher education (institution) that intends
to retain a faculty member (member) for the next academic year (year) to
offer the member a written contract for that year no later than the 60th
day before the first day of the year. 

(c)  Requires the institution to notify a member by letter sent by
certified mail to the member's home address that the institution will not
comply with Subsection (b), if it is unable to do so.  Provides that the
letter must state the reasons for the institution's inability to comply and
requires it to specify a time by which the institution will offer a
written contract to the member for the applicable academic year. 

(d)  Provides that if the institution does not offer the member a written
contract prior to the 61st day after the first day of the year and the
member is retained for that year without a contract, the institution must
retain the member under the same terms and conditions that governed the
member's employment for the preceding year.  Makes an exception to this
provision if the institution and member subsequently enter into a different
written contract. Provides that the institution must also pay a member a
penalty in an amount equal to 10 percent of the member's salary for the
preceding year before the end of the current year, regardless of whether
the institution and member eventually enter into a contract for the current
year. 

(e)  Provides that this section does not prohibit an institution of higher
education from entering into a contract with a member for a period longer
than a year. 

SECTION 2.  Effective date:  January 1, 2000. 
Makes application of this Act prospective.

SECTION 3.  Emergency clause.