This section limits when a higher education governing board may contract with administrators, caps several contract terms, requires repayment or return-to-work after development leave, and makes related contract records public.
Sec. 51.948. RESTRICTIONS ON CONTRACTS WITH ADMINISTRATORS. (a) The governing board of an institution of higher education may enter into an employment contract with an administrator that is to be paid in whole or in part from appropriated funds only if, before the date the contract is executed, the governing board determines that the contract is in the best interest of the institution. (b) A contract entered into by a governing board under this section may not: (1) provide for employment for more than three years; (2) allow for severance or other payments on the termination of the contract to exceed an amount equal to the discounted net present cash value of the contract on termination at a market interest rate agreed upon in the contract; (3) allow for development leave that is inconsistent with Section 51.105; or (4) award tenure in any way that varies from the institution's general policy on the award of tenure. (c) An institution of higher education may not pay a salary to a person who is reassigned from an administrative position to a faculty or other position at the institution that exceeds the salary of other persons with similar qualifications performing similar duties. (d) An institution of higher education must require an administrator who receives development leave to: (1) return to work at the institution for an amount of time equal to the amount of time the administrator received development leave; or (2) repay the institution for all the costs of the development leave, including the amount of the administrator's salary, if any, paid during the leave. (e) A record that pertains to a contract between an institution and an administrator, including terms relating to an amount of money the institution has paid or agreed to pay or the extension of any monetary or other consideration to an administrator in connection with the settlement, compromise, or other resolution of any difference between the institution or governing body and a current or former administrator, is public information and may not be withheld from public disclosure. (f) Notwithstanding Subsection (b)(3), the governing board of an institution may grant development leave at the faculty member's full regular salary for one year to a faculty member who has held an administrative position at the institution for more than four years. (g) In this section: (1) "Administrator" means a person who has significant administrative duties relating to the operation of the institution, including the operation of a department, college, program, or other subdivision of the institution. (2) "Governing board" and "institution of higher education" have the meanings assigned by Section 61.003. (3) "Contract" includes a letter of agreement or letter of understanding. Added by Acts 1999, 76th Leg., ch. 533, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 91.946 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(19), eff. Sept. 1, 2001.