The governing board may create a faculty council or senate, but must first adopt selection rules. The council or senate is advisory only, must follow open-meeting and posting rules, and certain appointments, terms, removals, and recordkeeping duties apply.
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. Added by Acts 2025, 89th Leg., R.S., Ch. 1128 (S.B. 37), Sec. 2.02, eff. September 1, 2025.