AAUP@UT

Texas SB 18 on tenure passed by the Texas Legislature on May 27, 2023

• Texas AAUP Conf. Press Release on Passage of SB 18, May 27, 2023
• Texas Anti-Tenure Senate Bill 18 Summary and Analysis

Texas SB 17 on diversity, equity and inclusion (DEI)

• Texas AAUP Conf. Press Release on Passage of SB 17, May 28, 2023
• Texas Anti-DEI Senate Bill 17 Summary and Analysis

Texas Legislature:

• Higher Ed Bill Tracker
• Talking Points
• Op-Eds & News Articles
• Texas Legislative Update
• Advocacy Resources

Texas AAUP Legislative Visits: AAUP President Irene Mulvey Flies to Austin to Testify with AAUP Members – Brainstorming with Texas Legislators at AFT Breakfast – Advocating with Texas AFT and with TACT

AAUP@UT: Advocating for Academic Freedom and Tenure Slides – Joining AAUP – Application for Chapter Status – Officers – By-Laws – Meetings in Spring 2023 – Fall 2022 – Spring 2022 – Fall 2021

UT Austin: Petition for faculty & staff solidarity with graduate student workers – Advocating with Texas A&M for Higher Ed – Faculty authority in curriculum matters – Academic freedom in UT System policies

Founded in 1915, AAUP has helped to shape American higher education by developing the standards and procedures that maintain education quality and academic freedom in this country’s colleges and universities. AAUP is affiliated with the American Federation of Teachers.

All AAUP members affiliated with UT Austin are automatically members of AAUP@UT. If you are affiliated with UT Austin and would like to join the AAUP@UT mailing list, please email Brian Evans.

Our advocacy is amplified by teaming with Texas AAUP, AAUP, Texas AFT, AFT, Texas Association of College Teachers, Texas Faculty Association, and other orgs.

SB 16 as revised and passed by the Senate in April requires that a faculty member “may not compel or attempt to compel a student enrolled at the institution to adopt a belief that any race, sex, or ethnicity or social, political, or religious belief is inherently superior to any other race, sex, ethnicity, or belief.”

This prohibition applies to any interaction between a faculty member and a student at the institution and carries a penalty of termination of the faculty member for violating this provision, regardless of tenure status.

This bill censors speech on the topics of race, sex, and ethnicity as well as social, political, and religious beliefs, both inside and outside the classroom.

This bill is currently pending in the House Higher Education Committee.

Resources

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023
• Op-ed: T. Scott Johnson, “Opinion: Texas SB 16 Set to Undermine Academic Integrity“, Caller Times, USA Today Network, April 28, 2023.
• AAUP/AFT Analysis of Texas SB 16, 17 & 18 (see SB 16)
• Banning CRT: one-page white paper and two-page talking points
• Texas AAUP Supporting Higher Education Values in Texas, Feb. 2023

Updated May 27, 2023.

Below is an introduction to faculty tenure, comparison of the House and Senate versions of anti-tenure SB 18, talking points, and a summary and analysis of both versions of the bill. Today, May 27, 2023, the Texas Senate voted to adopt the House version of SB 18, after voting against the House version of SB 18 two days earlier.

Texas AAUP Conference Press Release on Passage of SB 18, May 27, 2023

Introduction to Faculty Tenure

“A tenured appointment is an indefinite appointment that can be terminated only for cause or under extraordinary circumstances such as financial exigency and program discontinuation”. [AAUP] Tenure is a vital protection for professors in developing, discussing, and disseminating knowledge from all viewpoints, including conservative, moderate, liberal, and apolitical. Tenure allows the full freedom to foster critical thinking and intellectual exploration by students. Tenured professors take on long-term curriculum development, research projects, and leadership positions vital to students. Tenure-track professors are rigorously evaluated in teaching, research, and service over a six-year period by internal and external experts, and those who do not earn tenure are dismissed. About 50% of the faculty at UT Austin and 70% at Texas A&M University are either tenured or on the tenure track, as is common for Tier-1 Universities. For more information, see Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18), April 29, 2023.

Quick Comparison of Versions of SB 18

• Senate: Prohibits hiring of tenure and tenure-track faculty after Jan. 1, 2024. Allows faculty tenured before Jan. 1, 2024, to remain tenured.
• House. Codifies a weak faculty tenure system that lacks due process provisions commonly afforded tenured faculty nationally.
• Talking Point: Given a choice between the two versions, advocate for the House version because it keeps a tenure system for faculty. See “Texas AAUP Press Release for House passes Senate Bill 18“, May 23, 2023.

Additional Talking Points

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023. Talking points against the version of SB 16 17, and18 that passed the Senate.
• “How the National Tenure System is Critical to Being Competitive for Federal Research Grants to Public Universities in Texas: A STEM Perspective“, May 22, 2023
• Brian L. Evans, Tenured and Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 3, 2023. Why tenured and tenure-track faculty are critical to universities achieving and maintaining R1 and R2 doctoral granting institution status.

Senate Version. In April, the Senate passed SB 18 to eliminate future offerings of tenure:

• Prohibits hiring of tenured and tenure-track faculty after Jan. 1, 2024
• Allows faculty tenured before Jan. 1, 2024, to remain tenured

House Committee Substitute. On May 8, 2023, the House Higher Education Committee heard the House committee substitute of SB 18 and on May 12, 2023, approved it along party lines (6 Republicans, 5 Democrats).

Compared to the version that passed the Senate, House committee substitute of SB 18 is a different kind of anti-tenure bill in that it maintains a system of tenure but tenure in name only:

• Can be read to define tenure as a one-year guaranteed employment contract subject to annual renewal in Section 3(c)
• Severely restricts due process protections under the 14th Amendment for tenured faculty for termination and other discipline in Section 3(c)
• Provides reasons open to wide interpretation and abuse for termination of tenured faculty members for cause in Section 3(c-1)(A)(2) including
  • engaged in unprofessional conduct that adversely affects the institution
  • moral turpitude
  • violated … university system or institution policies substantially related to the performance of the faculty member ’s duties
• Adds Legislature and Governing Board involvement on tenure and post-tenure review processes that are normally institutional decisions
• Lacks in Section 3(c-4) national due process provisions for tenured faculty members that were jointly formulated by American Association of University Professors, University Presidents, and Governing Boards, and adopted by 1300 colleges and universities [5]

House Version. On May 22, 2023, the Texas House debated, amended, and approved the second reading of the bill. Amendments #2 and #4-11 that would have brought the bill closer to the national AAUP tenure standards adopted by more than 1300 colleges and universities, but only one passed. Rep. Sheryl Cole introduced, and bill author Chair John Kuempel accepted, the following amendment to to fix the two issues in Section 3(c) mentioned above. The new wording adopted for Section 3(c) follows:

The granting of tenure may not be construed to create a property interest in any attribute of a faculty position beyond a faculty members continuing employment, including his or her regular annual salary, and any privileges incident to his or her status as a tenured professor.

It has the other drawbacks discussed above under “House Committee Substitute”.

On May 23, 2023, the Texas House approved the third and final reading of SB 18 without any further amendments. It awaits action by the Senate.

Bill Analysis

Whereas the Senate version of SB 18 outright bans new awards of tenure, the House version keeps tenure. For those with tenure, the House committee substitute greatly expands the number and types of activities that could lead to termination for cause in Section 3(c-1). At least three of these activities are ill-defined and open to wide interpretation by college and university administrators:

• engaged in unprofessional conduct that adversely affects the institution
• moral turpitude
• violated … university system or institution policies substantially related to the performance of the faculty member ’s duties

Section 3(c-1) adds for the first time in State statute the termination of a faculty member as a result of a post-tenure review:

failed to successfully complete any post-tenure review professional development program

The House version of SB 18 codifies a weak tenure system that lacks the due process provisions recommended by the American Association of University Professors (AAUP). Section 3(c-4) does not codify the faculty member being allowed to see the evidence presented against them, cross-examine witnesses, or finish the grievance process before termination.

Texas AAUP is opposed to Senate version of SB 18 and the House version of SB 18 substitute. Given the choice among the two, the Texas AAUP strongly recommends that the Senate accepts the House version of SB 18.

For more information, please see

[1] “Texas AAUP Press Release for House passes Senate Bill 18“, May 23, 2023.
[2] “How the National Tenure System is Critical to Being Competitive for Federal Research Grants to Public Universities in Texas: A STEM Perspective“, May 22, 2023
[3] Statement Against SB 18 by Texas AAUP and TACT, May 16, 2023
[4] Texas AAUP Response to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee, May 13, 2023
[5] National AAUP standards for tenure including due process for tenured faculty members include

• 1940 Statement of Principles on Academic Freedom & Tenure, jointly formulated by American Association of Colleges & Universities representing college and university administrations and the American Association of University Professors representing professors. AAC&U has more than 800 college and university members.
• 1966 Statement on Government of Colleges and Universities, jointly formulated by the American Association of University Professors, American Council on Education, and Association of Governing Boards of Universities & Colleges. The AAUP represents faculty members, ACE represents university administrations, and AGB represents University Systems, Boards of Regents and Boards of Trustees. ACE has more than 1500 college and university members and AGB has more than 1300 college, university, and system members.

Actions you can take

• Sign Defend Tenure, DEI and Academic Freedom campaign to email arguments against SB 17 and 18 to the House member who represents you– you can edit a draft of the arguments based on the latest bill versions before emailing. Please give your address, select “Community supporter”, and hit “START WRITING”. Send often. Invite others.
• Call House members to oppose anti-DEI SB 17 and anti-tenure SB 18
• Visit Legislative Offices in your local district
• Visit Legislative Offices at the Capitol – join us Monday – Thursday
• Sign Stop Elimination of Tenure
• Other actions you can take

Advocacy Resources

• Texas AAUP Response to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee, May 13, 2023
• Statement Against SB 18 by Texas AAUP and TACT, May 10, 2023
• Submitted Comments on SB 18, May 8, 2023
• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023
• Eliminating tenure: one-page white paper and two-page talking points
• Brian L. Evans, Tenured and Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 3, 2023
• Op-Ed: Jen Ebbeler, “What Ending Tenure Would Mean to Texas“, Inside Higher Ed, April 20, 2023.
• Op-Ed: Andrea Gore, “UT scientist: Killing tenure would ruin the state’s research universities“, Houston Chronicle, March 24, 2023.
• Texas AAUP Supporting Higher Education Values in Texas, Feb. 2023
• AAUP & AFT Analysis of SB 16, 17 & 18 (original versions of the bills)

Updated May 26, 2023.

Below is an introduction to diversity, equity and inclusion (DEI), comparison of the House and Senate versions of anti-DEI SB 17, talking points, ad a summary and analysis of both versions of the bill. On May 27, 2023, the SB 17 Conference Committee published a report with the reconciled version of the bill, which will be voted on by the House and Senate on May 28, 2023. The report provides a side-by-side comparison of the differences among the House, Senate, and reconciled bills on PDF pages 9-15.

Introduction to Diversity, Equity and Inclusion (DEI) Programs

DEI programs, initiatives, and committees are vital to the creation and maintenance of a safe and welcoming place to learn and work at public colleges and universities in Texas for all students, staff, and faculty. DEI programs and practices help students of all identities, beliefs, and backgrounds adapt and thrive at a college or university, both inside and outside the classroom, which will help them contribute in diverse work environments. Additional impact on workforce development is the dependence of $1B/year in federal and other grants that require a DEI plan to support 10,000 advanced degree students in STEM and allied fields. For more info, see Statement Against SB 17 by Texas AAUP and TACT, May 11, 2023.

Quick Comparison of Versions of SB 17

Both the Senate and House versions eliminate all DEI officers, officers, programs, and practices at public institutions of higher education. Both versions prohibit hiring practices based on race, gender, color or ethnicity. Professors and other employees violating the bill would face discipline, up to termination. There are differences in ban exceptions, institutional penalties, and starting date.

• Senate: Exceptions to the ban include academic courses instruction, scholarly and creative works, student orgs, and student admissions. Institutions not in compliance will lose one year of State funding. Starting date Sept. 1, 2023.
• House. Exceptions also include student recruitment. Institutions not in compliance will have 180 days to get into compliance or lose State formula funding for one year. Starting date Jan. 1, 2024.
• Talking Points: Given a choice between the two versions, the House version is a better bill because the House version (1) allows institutions to reach more potential student applicants from all demographics to help reach the State’s workforce development goals, (2) gives institutions found out of compliance 180 days to get into compliance whereas the Senate version does not allow for any time, (3) has a reduced but still devastating institutional penalties, (4) takes effect in Jan. 1, 2024, instead of Sep. 1, 2023, to give institutions to time to comply with the bill, and (5) adds a study to assess the impact of banning DEI on student success measures.

Additional Talking Points

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023. Talking points against the versions of SB 16, 17 and 18 that passed the Senate.
• Statement Against SB 17 by Texas AAUP and TACT, May 11, 2023
• Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, Apr. 15, 2023.

Senate version summary. In April, the Senate revised, amended and passed SB 17 to ban diversity, equity and inclusion (DEI) offices, officers, programs, and practices

• Exceptions include academic courses instruction, scholarly and creative works, student orgs, and student admissions
• Professors and other employees violating the bill would face discipline, up to termination
• Institutions not in compliance will lose one year of State funding

House Committee version summary. On May 8, 2023, the House Higher Education Committee heard the House committee substitute of SB 17 and on May 12, 2023, approved it along party lines (6 Republicans, 5 Democrats). When compared to the SB 17 as revised and amended by the Senate, changes to House committee substitute of SB 17 include

• Exceptions to the ban on DEI programs added for grants and contracts, institutional accreditation, and student recruiting
• Removes penalties for institutions not in compliance

House version summary. On May 19, 2023, the House amended and approved the Second Reading of the House committee substitute of SB 17. Per the House record on PDF pages 22-25 and 164-184, only 2 of the 23 amendments passed. Both were by the bill’s sponsor, Rep. John Kuempel:

• Amendment #4 accepted. From the House record on PDF pages 166-168, these changes are taken from, or modified from, the version passed by the Senate, as summarized below:
  • prohibits hiring practices based on race, gender, color or ethnicity
  • prohibits policies and training based on race, gender, color or ethnicity unless required by state and/or federal law
  • removes the exception to the ban on DEI programs for grants
  • adds institutional auditing and penalties for non-compliance
  • allows a student or employee to sue an institution.
• Amendment #23 accepted. From the House record on PDF pages 183-184, the changes are summarized below.
  • institutions should make every effort to reassign employees who would otherwise be eliminated through implementation of this bill
  • creation of an annual report to study on the impact of this bill on student enrollment, GPA, retention, and completion, disaggregated by race, sex, color, ethnicity, gender identity, or sexual orientation
  • bill would take effect on January 1, 2024, instead of Sept. 1, 2023

A Third Reading occurred on Monday, May 22, 2023. None of the proposed amendments were adopted. Bill passed along party lines (83-62).

A companion bill is HB 5127.

Texas AAUP Conference remains opposed all versions of SB 17:

• Response to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee, May 13, 2023
• Statement Against SB 17 by Texas AAUP and TACT, May 11, 2023
• Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, Apr. 15, 2023.

Actions you can take

• Sign Defend Tenure, DEI and Academic Freedom campaign to email arguments against anti-DEI SB 17 and anti-tenure SB 18 to the House member who represents you– you can edit a draft of the arguments before emailing. We’ve updated the arguments based on the latest bill versions. Please give your address, select “Community supporter”, and hit “START WRITING”. Send often. Share the invitation with others.
• Call House members to oppose anti-DEI SB 17 and anti-tenure SB 18
• Visit Legislative Offices in your local district
• Visit Legislative Offices at the Capitol – join us Monday – Thursday
• Sign Stop Elimination of Tenure
• Other actions you can take

Resources

• Talking points on bills limiting academic freedom, eliminating tenure and banning DEI practices (SB 16, 17, 18) April 29, 2023
• AAUP & AFT Analysis of Texas SB 16, 17 & 18 (see SB 17)
• Banning DEI: one-page white paper and four-page talking points
• Demographics of UT Austin, Texas A&M and the State of Texas
• Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, Apr. 15, 2023.
• Op-Ed: Karma Chavez, “Opinion: Equity, inclusion, and access don’t divide us. They bring us together“, Austin American-Statesman, April 16, 2023.
• Op-Ed: Christine Julien, “DEI: What it is and why it matters in engineering“, Dallas Morning News, April 1, 2023.
• Christine Julien (Assoc. Dean DEI, College of Engineering, UT Austin) and Darren Kelly (Assoc. VP, Division of Diversity & Community Engagement, UT Austin) invited testimony to the Senate Education Committee on April 12, 2023, see videorecording from 1:46 to 30:41.
• Legislative Black Caucus press conference opposing Gov. Abbott’s anti-DEI agenda
• Gov. Abbott tells state agencies to stop considering diversity in hiring

May 6th, 2023

The House Higher Education Committee heard SB 18 on Monday, May 8, 2023, at 8am. Here’s the hearing notice.

SB 18 As Passed by the Senate, April 20, 2023

• Prohibits hiring of tenured and tenure-track faculty after Jan. 1, 2024
• Allows faculty tenured before Jan. 1, 2024, to remain tenured

Committee Substitute for SB 18, May 8, 2023

• Completely different from the version passed by the Senate
• Allows the continuation of hiring of tenured and tenure-track faculty
• Adds Legislature and Governing Board involvement on tenure and post-tenure review processes that are normally institutional decisions
• Provides several reasons for cause to terminate tenured faculty members that are not defined and open to wide interpretation by administrators
• Severely limits faculty due process rights to respond to notice of termination

Joint TACT-TxAAUP Statement Against SB 18, May 10, 2023

Why testify on May 8th?

• Last chance for public testimony on SB 18
• If the committee approves SB 18, then SB 18 could have a clear path to become law
• Any changes to SB 18 made by the House Higher Ed Committee could be reversed later on the House floor or in Conference Committee

Testimony presentation options

• In Person: 2 min. (250-270 words) and have an additional 1 min. ready if allowed -OR-
• Electronic: submit a testimony online of 3000 characters or less until Monday 8am

Testimony content

• Start with something like “I’m ____, and I’m speaking for myself as a private individual.  I am testifying [against/for/on] SB 18.  I am also a [professor/staff member/student] in [discipline] at [institution]”. If you are a professor, then you could include your tenure status in your testimony, esp. since this is about SB 18.
• Tell your story; e.g. in your experience,
  • how has tenure helped you and others on your campus?
  • why did you take a tenure-track position (if applicable)?
• Tenure is a necessary guarantee of academic freedom in teaching, research, and expression. (Academic freedom is the freedom from censorship by the institution or the government.) Tenure protects developing and disseminating new knowledge from all viewpoints, including conservative, moderate, liberal, and apolitical
• What effect would SB 18’s ban on the future granting of tenure have?
  • Recruiting & retention of students, staff, faculty, and administrators
  • Workforce development — training the next generation of workers
  • Financial impact
    • External grants?  These grants are used to train the next generation of workers (workforce development)
    • Faculty hiring? Need to raise salaries to compete with compensation at companies (salaries, bonuses, stock, etc.)
  • Quality, prestige, and ranking of public colleges and universities.
  • Please see additional talking points next

Talking Points and Resources

• Joint TACT-TxAAUP Statement Against SB 18, May 10, 2023
• Analysis of Committee Substitutes for SB 17 and SB 18, May 7, 2023
• Talking points on SB 16, 17 and 18 by Texas AAUP, April 29, 2023
• Tenured & Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 2023, shows the mixture of tenure-track, tenured and contingent faculty vary with the institutional mission
• “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, April 15, 2023. Discusses STEM research funding in Texas public higher ed.
• One-page white paper and two-page talking points by TFC
• SB 18 testimonies from the Senate Higher Ed Subcommittee Hearings
• Contacting House Higher Ed Members and the colleges/universities in their districts
• Advocacy Resources and Higher Ed Bill Tracker by Texas AAUP

Logistics on May 8th:

• How to testify infographic (parking, registration to testify, etc.)
• Guide to Testifying by the Texas Election Reform Commission (more details)

Here’s example timeline on May 8, 2023:

•   7:15am Park in Capitol Visitor’s Parking, 1201 San Jacinto Blvd, Austin, TX 78701
•   7:30am Register at the kiosks in the Capitol Extension.
•   8:00am House Higher Ed Committee hearing starts in E2.010
•   9:45am House Higher Ed Committee hearing will be suspended until 6pm or 7pm for the House to convene.  While the committee hearing is suspended, you can stay on site (e.g. in the Capitol Grill) or go off site.
• 6:00pm or 7:00pm House Higher Education Committee resumes and will likely continue past midnight.

Acknowledgement. We’re a collaborative effort among Texas American Association of University Professors (AAUP), Texas American Federation of Teachers (AFT), Texas Faculty Association (TFA), Texas Association of College Teachers (TACT), Texas Faculty Coalition (TFC), NAACP Legal Defense Fund, Black Brown Dialogues on Policy, and many more advocacy organizations.

The House Higher Education Committee heard SB 17 on Monday, May 8, 2023, at 8am. Here’s the hearing notice.

SB 17 As Passed by the Senate, April 19, 2023

• Bans DEI offices, officers, practices, and programs
• Exceptions include academic courses instruction, student orgs and admissions
• Employees violating the bill would face discipline, including termination
• Institutions not in compliance lose one year of State funding

Committee Substitute for SB 17, May 8, 2023

• Still bans DEI offices, officers, practices, and programs
• Adds exceptions for federal grants and contracts and accreditation
• Removes penalties for institutions not in compliance
• Keep penalties for employees violating the bill

Joint TACT-TxAAUP Statement Against SB 17, May 11, 2023 (TBA)

Why testify on May 8th?

• Last chance for public testimony on SB 17
• If the committee approves SB 17, then SB 17 could have a clear path to become law
• Any changes to SB 17 made by the House Higher Ed Committee could be reversed later on the House floor or in Conference Committee

Testimony presentation options

• In Person: 2 min. (250-270 words) and have an additional 1 min. ready if allowed -OR-
• Electronic: submit a testimony online of 3000 characters or less until Monday 8am

Testimony content

• Start with something like “I’m ____, and I’m speaking for myself as a private individual.  I am testifying [against/for/on] SB 17.  I am also a [professor/staff member/student] in [discipline] at [institution]”.
• Tell your story; e.g. in your experience, how has DEI on your campus
  • been effective for you and people you know?
  • been effective during the first 18 months of the pandemic?
  • been beneficial to all students?
• What effect would SB 17’s ban on DEI and its penalties have?
  • Recruiting & retention of students, staff, faculty, and administrators
  • Workforce development — training the next generation of workers
  • Financial impact: Effect on external grants?  These grants are used to train the next generation of workers (workforce development).
  • Quality, prestige, and ranking of public colleges and universities
  • Please see additional talking points next

Talking Points and Resources

• Joint TACT-TxAAUP Statement Against SB 17, May 11, 2023
• Analysis of Committee Substitutes for SB 17 and SB 18, May 7, 2023
• Talking Points by the Texas Legislative Education Equity Coalition
• Talking points on SB 16, 17 and 18 by Texas AAUP, April 29, 2023
• “How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective“, April 15, 2023.
• One-page white paper and four-page talking points by TFC
• SB 17 testimonies from the Senate Higher Ed Subcommittee Hearings
• Contacting House Higher Ed Members and the colleges/universities in their districts
• Advocacy Resources and Higher Ed Bill Tracker by Texas AAUP

Logistics on May 8th:

• How to testify infographic (parking, registration to testify, etc.)
• Guide to Testifying by the Texas Election Reform Commission (more details)

Here’s example timeline on May 8, 2023:

•   7:15am Park in Capitol Visitor’s Parking, 1201 San Jacinto Blvd, Austin, TX 78701
•   7:30am Register at the kiosks in the Capitol Extension.
•   8:00am House Higher Ed Committee hearing starts in E2.010
•   9:45am House Higher Ed Committee hearing will be suspended until 6pm or 7pm for the House to convene.  While the committee hearing is suspended, you can stay on site (e.g. in the Capitol Grill) or go off site.
• 6:00pm or 7:00pm House Higher Education Committee resumes and will likely continue past midnight.

Acknowledgement. We’re a collaborative effort among Texas American Association of University Professors (AAUP), Texas American Federation of Teachers (AFT), Texas Faculty Association (TFA), Texas Association of College Teachers (TACT), Texas Faculty Coalition (TFC), NAACP Legal Defense Fund, Black Brown Dialogues on Policy, and many other advocacy organizations.

May 19, 2023

Op-Ed: Anne Chow, “DEI is an advantage, not an albatross“, The Dallas Morning News, May 19, 2023

May 18, 2023

Kate McGee, “With clock ticking on legislative session, Texas Democrats delay debate on university tenure bill“, May 18, 2023.

Op-Ed: Christopher Hepburn, “Going Once, Going Twice, Sold to the Highest Bidder!“, May 18, 2023.

May 10, 2023

Kate McGee, “House signals readiness to fight Senate over bills to ban tenure, diversity efforts at Texas universities“, Texas Tribune, May 10, 2023.

Megan Menchaca, “Texas House panel wants to keep tenure in colleges, bucking Senate proposal. Here’s why“, Austin American-Statesman, May 10, 2023.

May 9, 2023

Becky Vogel, “Texas House panel walks back senators’ effort to ban tenure at public universities“, KUT, May 9, 2023.

May 5, 2023

Kate McGee, “Texas House may revise anti-diversity legislation to allow some programs to maintain grants, federal funding“, Texas Tribune, May 5, 2023.

May 3, 2023

Marcela Rodrigues, “Texas scientists fear DEI bill could cost research dollars“, Dallas Morning News, May 3, 2023.

April 28, 2023

Op-Ed: T. Scott Johnson, “Opinion: Texas SB 16 Set to Undermine Academic Integrity“, Caller Times, USA Today Network, April 28, 2023.

April 26, 2023

Christopher Rim, “Republican Legislators In Texas And Florida Take On Public Universities“, Forbes, April 26, 2023.

April 20, 2023

Op-Ed: Jen Ebbeler, “What Ending Tenure Would Mean to Texas“, Inside Higher Ed, April 20, 2023 Jen Ebbeler is an officer in the UT Austin AAUP Chapter.

April 19, 2023

Kate McGee, “Texas Senate approves bill that would ban diversity programs in public universities“, Texas Tribune, April 19, 2023.

April 18, 2023

Op-Ed: Dan Braaten, Op-Ed: Texas GOP’s Assault On Higher Education Is Straight Out Of The Authoritarian Playbook, Texas Signal, April 18, 2023

April 17, 2023

The Texas Standard Radio Show, “State Senate weighs a bill that would end professor tenure as we know it in Texas”, April 17, 2023.

April 16, 2023

Op-Ed: Karma Chavez, “Opinion: Equity, inclusion, and access don’t divide us. They bring us together“, Austin American-Statesman, April 16, 2023. Karma Chavez is an officer in the UT Austin AAUP Chapter.

April 14, 2023

Ryan Quinn, “A Texas Trilogy of Anti-DEI, Tenure Bills“, Inside Higher Ed, April 14, 2023.

April 13, 2023

Jeremy Wallace, “Killing diversity hiring programs in Texas colleges could hurt push for more engineers“, Houston Chronicle, April 13, 2023.

Alia Wong, “Tenure was already in decline. Now some Republicans want it gone from colleges for good“, USA Today, April 13, 2023.

April 11, 2023
Kate McGee, “Texas Senate approves bill barring professors from “compelling” students to adopt certain political beliefs”, Texas Tribune, April 11, 2023. Quotes AAUP member Karma Chávez.

Kate McGee, “How Republicans’ threats to tenure and diversity might undercut their own efforts to advance Texas’ universities”, Texas Tribune, April 11, 2023. Quotes AAUP members Karma Chávez, Brian Evans, and Andrea Gore.

Megan Menchaca, “Texas House OKs ban on use of state money for ‘unconstitutional’ DEI programs in colleges,” Austin American-Statesman, April 11, 2023.

April 1, 2023

Op-Ed: Christine Julien, “DEI: What it is and why it matters in engineering“, Dallas Morning News, April 1, 2023.

March 30, 2023

Megan Menchaca, “Texas professors have ‘grave concerns’ over proposed tenure ban at public universities“, Austin American-Statesman, March 30, 2023.

Op-Ed: V. Jo Shu, “Republicans’ Hostile Takeover of Higher Education“, The Progressive Magazine, March 30, 2023.

March 24, 2023
Op-Ed: Andrea Gore, “UT scientist: Killing tenure would ruin the state’s research universities“, Houston Chronicle, March 24, 2023.  Jen is an officer in the UT Austin AAUP Chapter.

March 15, 2023
Kate McGee, “Bill would make UT-Austin center formerly known as Liberty Institute into its own college”, Texas Tribune, March 15, 2023

March 10, 2023
Kate McGee, “Texas Senate’s priority bills on higher ed would end tenure, diversity policies”,  Texas Tribune, March 10, 2023

March 5, 2023
Olivia Malick, “What the fight against tenure actually means for area instructors“, Beaumont Enterprise, March 5, 2023.  Quoted Texas AAUP members.

March 4, 2023
Patrick Svitek, “Ron DeSantis proclaims Texas, Florida partners against “woke” left in Houston speech“, Texas Tribune, March 4, 2023

March 3, 2023
Kate McGee, “Texas A&M University System bans diversity statements from job applications”, Texas Tribune, March 3, 2023.

March 2, 2023
Kate McGee, “Texas A&M University System bans diversity statements from job applications“, Texas Tribune.

Samantha Grayson, “Under threat: Academic freedom gives college students the power to fully understand the world around them. Lawmakers are trying to take that away.”, The Daily Texan.  Quotes from Texas AAUP members.

Feb. 22, 2023
Kate McGee, “University of Texas System pauses new diversity, equity and inclusion policies”, Texas Tribune, Feb. 22, 2023

Feb. 8, 2023
Kate McGee, “Texas Tech reviews its hiring practices as efforts to promote diversity come under fire”, Texas Tribune, Feb. 8, 2023.

Jan. 17, 2023
Lt. Gov. Dan Patrick’s Inauguration Speech.  Contains comments about tenure and academic freedom.

Nov. 30, 2022
Lt. Gov. Dan Patrick Press Conference, Budget Concerns and Policy Priorities for the Upcoming Legislative Session. Contains comments about tenure and academic freedom.

Sept. 23, 2022
“House Speaker Dade Phelan opposes Lt. Gov. Dan Patrick’s call to ban tenure at Texas universities“, Houston Chronicle, Sept. 23, 2022.

Sept. 20, 2022
President Jay Hartzell, State of the University Address.  Contains comments about academic freedom and tenure.

May 25, 2022
Josh Moody, “Texas A&M Librarians Lose Tenure in Reorganization Plan”, Inside Higher Ed.

Apr. 4, 2022
Lt. Gov. Dan Patrick 2022 Interim Legislative Charges. Charges for State Senate Higher Education Committee include Faculty Tenure and Teaching US History

Mar. 29, 2022
Andrew Schneider, “Dan Patrick’s plan to end tenure at Texas universities could have dire consequences, experts warn”, Texas Standard.  Contains quotes from Pat Heinzelman (TFA President and AAUP Member)

Mar. 16, 2022
Circe Strum and Anthony Di Fore, UT Austin, “Why Is Lieutenant Governor Dan Patrick So Afraid Of US History?”, Visible Magazine.

Mar. 11, 2002
Annika Olson, “Opinion: UT sets a dangerous precedent by supporting the Liberty Institute”, Austin American Statesman.

Mar. 10, 2022
Kirk McDaniel, Academic freedom and the fight over tenure at Texas universities, Courthouse News Service.  Coverage of AAUP panel on Academic Freedom at SxSW EDU.

​​Texas House Speaker Dade Phelan Issues Interim Charges, Forms Interim Committees.   Nothing mentioned about higher education.

Mar. 3, 2022
“Lunch with Legislators”.  Sen. Royce West (D): “We should allow teachers to have academic freedom. As a legislature, we need to continue to look across this country to figure out.”

Feb. 23, 2022
Austin American-Statesman, Megan Menchaca, “Texas Gov. Greg Abbott stops short of backing Lt. Gov. Dan Patrick’s idea to end tenure”.

Texas Observer, Jordan Vonderhaar, “Dan Patrick’s ban on tenure could devastate Texas’ university system.” 

San Antonio Express-News and Houston Chronicle, Cayla Harris and Samantha Ketterer, “Lt. Gov. Dan Patrick is in for a fight as he seeks to end tenure at Texas universities”.  Article quotes AAUP Members Scott Gage and Jeff Blodgett (Texas AAUP Conference President).

Feb. 21, 2022
The Texas Tribune, Kate McGee, “UT-Austin President Jay Hartzell defends faculty tenure after Lt. Gov. Dan Patrick proposes to end it at all public universities”

Houston Public Media, Julian Aguilar, “Lt. Gov. Dan Patrick wants to revoke tenure for professors who teach critical race theory” quotes Pat Heinzelman (TFA President and AAUP Member)

Feb. 19, 2022
Irene Mulvaney, “AAUP President Slams Threat to Destroy Academic Tenure in Texas”

Feb. 18th
Press Conference held by Lt. Governor Dan Patrick, Video recording,
Proposed for the upcoming Legislative session:

• “end all tenure for all new hires”
• “the law will change to teaching critical race theory is prima facie evidence of good cause for tenure revocation”
• “tenure to be reviewed annually” instead of every six years

Lt. Gov. Dan Patrick, “Statement on Plans for Higher Education”, Feb. 18, 2022, as a follow-up to his press conference.

Feb. 17, 2022
The Chronicle of Higher Education, Megan Zahneis, “Why One Institution Is Bringing Back Tenure”.  Case study of what happened after Chatham University removed tenure in 2005 and why they are restoring it in 2022.

Feb. 16, 2022
Governor Abbot, “Governor Abbott Congratulates Texas Universities On Earning Prestigious National Research Rankings”, Press Release, Feb. 16, 2022. Texas now has more public Tier 1 as well as Tier 2 universities than any other state.

• Tier 2 requires $5M/year in research expenditures and at least 20 research/scholarship doctoral degrees (or 30 professional practice doctoral degrees in at least 2 programs).
• Tier 1 requires exceeding the Tier 2 requirements by having significant research expenditures in science, engineering, and other fields as well as conferral of doctoral degrees in humanities, social science, STEM, and other fields (e.g., business, education, public policy, social work). 

For more information, please see Tenured and Tenure-Track Faculty in the United States, Texas A&M & UT Austin, Apr. 3, 2023

Last week, AAUP President Irene Mulvey flew from Connecticut to Austin, Texas, so that she could testify on SB 17 on Thursday, April 6.  Because the Senate Higher Education Subcommittee delayed the hearing from 9am to 8pm to attend a meeting of the full Senate, we got to spend the entire day with Irene. Here’s a picture (from left to right) of Brian Evans, Vice President Texas AAUP, Irene Mulvey, and Gary Bledsoe, President Texas NAACP:

SB 17 was part of a trio of higher ed bills of concern to AAUP:

• SB 16.  Limits academic freedom in teaching.
• SB 17.  Bans DEI programs/officers; fires violators; centralizes power for faculty hiring, core curriculum decisions, and Presidential searches to the Board of Regents
• SB 18.  Eliminates future granting of tenure.

See the AAUP/AFT Analysis of Texas SB 16, 17 and 18.

At the hearings, there were so many compelling two-minute testimonies by students, faculty, and others, and I highlight those by AAUP members and others below.  Videorecordings are available on the Texas Senate page in the Audio/Video Archives page.

• SB 16.  March 23^rd.  13 testified including AAUP member Karma Chavez (1:27:57) on part I of the hearing.  Hearing on SB 16 begins at the 13:14 mark.
• SB 17.  April 6^th.  50 testified including AAUP members Andrea Gore (2:19:48), Irene Mulvey (2:25:00), Brian Evans (2:53:25), Pat Heintzelman (3:42:57), and Polly Strong (3:50:02) on part II of the hearing.  Other faculty testimony included Elizabeth Skerpan-Wheeler (2:02:51), Emilio Zamora (2:29:31), Angela Valenzuela (2:48:45) and Brent Iverson (3:46:08).  Hearing on SB 17 goes from 0:00:00 to 4:15:19.
• SB 18.  March 30^th.  21 gave testimony including AAUP Members Brian Evans (YouTube link) and Andrea Gore (39:21), Pat Heintzelman (41:13), Derek Chiou (55:48) and Karma Chavez (1:15:28) on part II of the hearing.  The second part of the hearing on SB 18 goes from 0:00:00 to 1:26:00.  The invited testimony starts at the 44:26 mark in part I of the hearing.

Here’s a group photo around 12:30am after the hearing for SB 17 was over. Emilio Zamora is the second from the left. Polly Strong is in the back row as the second person to the right of Emilio Zamora. Irene Mulvey is the third person to the right of Polly Strong. Brian Evans is in the back row as the third person from the right. Standing directly in front of Brian Evans is Angela Valenzuela.

Austin-area AFT Locals invited Austin-area Texas Legislators to a Breakfast on Saturday, February 25, 2023, to brainstorm on public K-12 and higher education issues. In the above picture, Rep. John Bucy is responding to ideas from Texas AFT members and Texas AAUP Conference Officers Jim Klein (on the left) and Brian Evans (on the right) attending as private citizens. AAUP affiliated with AFT in August.

The following Legislators attended:

• Rep. John Bucy, III (D-Cedar Park, District 136) BA History Austin College
• Rep. Sheryl Cole (D-Austin, District 46) BA Accounting, UT Austin; JD UT Austin
• Rep. Lulu Flores (D-Austin, District 51) BA Government, UT Austin; JD UT Austin
• Rep. Vikki Goodwin (D-Austin, District 47) BBA UT Austin; Masters LBJ School of Public Affairs, UT Austin
• Rep. Gina Hinojosa (D-Austin, District 49) BA Government, Liberal Arts Plan II Honors, UT Austin; JD George Washington University
• Rep. Donna Howard (D-Austin, District 48) BS & MS Nursing, UT Austin
• Rep. James Talarico (D-Austin, District 50) BA Government, UT Austin; MA Educational Policy, Harvard University.

Reps. Bucy, Cole, and Howard are on the House Higher Education Committee and Reps. Hinojosa and Talarico are on the House Public Education Committee.

The AFT sponsors were Austin Community College AFT, Education Austin, Bastrop Federation of Teachers, and Education Round Rock.

Eleven Texas AAUP Members attended as private citizens including Jim Klein, Teresa Klein and Pat Heintzelman shown below. Jim Klein is also the President of the Texas Association of College Teachers; Teresa Klein is the Texas AAUP VP for South Texas; and Pat Heinzelman is also the President of the Texas Faculty Association, TSTA, NEA.

AAUP@UT enthusiasts met on Feb. 27, 2023, to hear talks with Q&A on

• “Advocating for Academic Freedom, Tenure, and Other Higher Ed Values” by Brian Evans, VP Texas AAUP Conf. & President AAUP@UT
• “Organizing on Campus and Beyond” by Karma Chávez, Officer, AAUP@UT

and participate in moderated breakout sessions on advocacy (telling our stories about how higher ed values helps our teaching and research and in turn Texans and Texas) via

• Blogging, social media posts and podcasts – Polly Strong
• Op-ed writing – Andrea Gore
• Developing talking points – Karma Chávez
• Meeting with State Legislators – Brian Evans

Action Items:

• Organize with your colleagues
• Advocate for higher ed values by telling your story in blogs, posts, etc.
• Join Legislative Days, Tx Capitol, Texas AFT Mar 13 & TSEU Apr 13
• Become an AAUP member: Benefits and Impact of Joining AAUP 
• Plan events for professional faculty and instructors of flag courses.
• Support Texas AAUP campaign and Texas AFT campaign for education

Advocating at the State Legislature is something that UT Austin and Texas A&M University organize, and not just external advocacy organizations.

Texas Exes and The Association of Former Students at Texas A&M team up at the Orange and Maroon Legislative Day in each Texas Legislative Session to organize current and former students as well as faculty and staff to advocate together for public higher education. Each team of 3-6 people has representatives from UT and A&M. On February 15, 2023, our 31 teams fanned out across the State Capitol in the afternoon to meet with all 181 Legislators. UT Austin President Jay Hartzell gave a speech in the morning, and Chancellors James Milliken and John Sharp in the evening.

When meeting with Legislators, each team presented the same talking points along themes of making public higher ed more affordable to students and their families, enhancing the quality of life, and creating jobs in Texas:

1. Strengthen the Core Academic Mission with Increased Formula Funding — improving affordability
2. Increased Investment in University Research Initiatives — enhancing quality of life and creating jobs
3. Support Innovations and Production of Semiconductors in Texas — enhancing quality of life and creating jobs
4. Increase Access to Mental Health Resources on Campus — improving affordability and enhancing quality of life
5. Fully Fund Military Veteran Education Benefits for the Texas Hazlewood Act — improving affordability

Improving affordability. Stable and predictable state funding helps to keep college affordable and promotes efficiency and consistency for the universities, students, and families.

Enhancing quality of life and creating jobs.  Basic and applied research creates lifesaving treatments, medicines, therapies, technologies, business practices, artistic works, and more to improve the quality of life for Texans and spurs innovation across all sectors of our economy.

More information about the talking points is available in the Orange and Maroon Legislative Day Volunteer Handbook. Daniel Beka (Texas Exes) and Miranda Henderson (The Association of Former Students at Texas A&M) are available to field any questions Legislative Offices might have at daniel.beka@texasexes.org and mhenderson09@aggienetwork.com.

Here is a bit more information on the talking points:

1. Affordability. Make our universities more affordable — strengthen the core academic mission with increased formula funding. 
   • Note: Formula funding for each institution is based on adding up the number of students enrolled in each course times the number of credit hours times a multiplier for the type of course taken that reflects the cost to offer the course (1 for Liberal Arts, 6 for Engineering, etc.)
   • Note: State funding per full-time public higher education student across all 107 institutions dropped every year from $6292 in 2001 to $4610 in 2020 after adjusting for inflation. (Source: State Support for Higher Education per Full-Time Equivalent Student, National Science Foundation, 2000-2020.) 
2. Research.  Three subpoints: 
   • Enhance funding rate for Texas Research University Fund (which gives $1.1M for every $10M in research expenditures)  
   • Maintain $40M in funding for the Governor’s University Research Initiative.  
   • Note: In 2020, Texas public universities and health-related institutions had $5.44B in research expenditures (Source: Research Funding in Texas Overview, 60x30TX Report, Texas Higher Education Coordinating Board).  This funding is not recurring like the formula funding in the first talking point.
   • Brian Evans told a story about the importance of research in Texas:  Dr. James Allison, BS & PhD UT Austin and Professor at UT MD Anderson, made key discoveries about cancer and the immune system that led to a new filed of immunotherapy that has transformed the treatment of certain cancers. In some cases, tumors melt away and a patient becomes cancer-free.  He won a Nobel Prize for this work in 2018.
3. Semiconductors. Appropriate funds to strengthen proposals across Texas to compete for billions of dollars in federal CHIPS Act funding.  Leverage state dollars for federal funds . 
4. Mental health.  Invest in higher ed mental health services for students.  
5. Veterans and their dependents — Texas Hazlewood Act 1943 was expanded in 2009 to cover tuition benefits for up to 150 credit hours for dependents of veterans, which became an unfunded mandate.  Increase State funding to cover all dependent beneficiaries.  Deficit drives up tuition for others.  
   • The average impact of a Hazlewood “legacy beneficiary” waiver passed onto other students is approximately $196 at UT Austin and $270 at Texas A&M University per year  
   • Brian Evans added– It would take $280M/year in State funding to fully fund Hazlewood mandates across all public higher ed. (Source: Stacey Napier, UT System Vice Chancellor of Governmental Affairs).