HBA-JLV H.B. 1127 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1127
By: Rangel
Higher Education
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

In some cases, full-time members of the faculty at public institutions of
higher education, both non-tenured and tenured, have not received a
contract or employment agreement from the administration until after the
start of the academic year.  Prior to the 77th Legislature, state law did
not address the date by which an institution of higher education must issue
a contract or employment agreement to faculty members.  House Bill 1127
provides standards governing the dates by which institutions of higher
education must issue contracts or employment agreements to full-time
faculty members. 

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. 

ANALYSIS

House Bill 1127 amends the Education Code to require an institution of
higher education (institution) that determines it is in the best interest
to reappoint a faculty member for the next academic year to offer the
faculty member a written contract for that academic year not later than 30
days before the first day of that academic year.  The bill provides that an
institution is not required to provide an annual contract to tenure or
tenure-track faculty, but must provide tenure and tenure-track faculty with
any written notification required in the institution's tenure policy of a
change in a term of employment according to the policies of the
institution, but no later than the 30th day prior to the change.  The bill
requires the institution to provide the faculty member with written
notification that the institution is unable to offer a written contract by
the required date.  The bill also requires the institution to include in
the written notification the reasons for the institution's inability to
comply with the contract requirement, and to specify in the written
notification a time by which the institution will offer a written contract
to the faculty member for the applicable academic year.  
The bill provides that if the institution does not offer the faculty member
a written contract before the 61st day after the first day of the academic
year and the institution retains the faculty member for that academic year
without a written  contract, the institution must retain the faculty member
for that academic year under terms that are at least as favorable as the
terms governing the faculty member's employment and compensation for the
preceding academic year. 

The bill does not prohibit an institution of higher education from entering
into a contract with a faculty member for a period longer than an academic
year.  The bill does not provide a faculty member who does not hold tenure
additional rights, privileges, or remedies or provide an expectation of
continued employment beyond the period of a faculty member's current
contract. 

EFFECTIVE DATE

January 1, 2002.