TexasSB 3789th Legislature Regular SessionSenate

Relating to the governance of public institutions of higher education, including review of curriculum and certain degree and certificate programs, a faculty council or senate, training for members of the governing board, and the establishment, powers, and duties of the Texas Higher Education Coordinating Board Office of the Ombudsman.

Sponsored By: Brandon Creighton (Republican), Matt Shaheen

Signed by Governor

Education--Higher--FacultyEducation--Higher--GeneralEducation--Higher--Institutions & ProgramsGovernorState Agencies, Boards & Commissions--Newly ProposedEDUCATION--HIGHER--CURRICULUMGRIEVANCE PROCEDURESLIEUTENANT GOVERNORSPEAKER OF THE HOUSESTAFF DEVELOPMENT & TRAININGEXCELLENCE IN HIGHER EDUCATION, OFFICE OFHIGHER EDUCATION COORDINATING BOARD, TEXASOFFICE OF THE OMBUDSMAN, TEXAS HIGHER EDUCATION COORDINATING BOARD

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 2 benefits, 5 costs, 5 mixed.

Faculty council meetings become publicly accessible

Faculty council and senate meetings with a quorum must be public. Colleges must stream live video and audio when more than 50 percent of members attend. Agendas and relevant curriculum proposals must be posted online at least seven days before meetings. Attendance must be recorded when councils address no-confidence votes or curriculum and academic standards policies.

Texas reviews ways to shorten coursework

A temporary state committee reviews general education requirements, including ways to reduce the number of required courses. The Texas Higher Education Coordinating Board selects members from campus leaders’ nominations, equally representing two-year and four-year colleges. The committee’s report is due November 1, 2026. The board must send recommendations to lawmakers by December 31, 2026. The committee ends September 1, 2027; its recommendations do not themselves change graduation requirements.

Faculty council service brings no guaranteed pay

Faculty council or senate service counts as an additional employment duty. Members are not entitled to pay or expense reimbursement for this work. An expense may be reimbursed if it is on the college’s behalf and the college approves it.

Knowingly false college complaints bring costs

A person who knowingly files a false complaint must pay the ombudsman office’s investigation costs. The law sets no dollar amount. The office may also refuse to investigate that person’s future complaints.

College board members face expanded training

Beginning January 1, 2026, public college board training must cover the legislature, state budget, and appropriations law. Required topics also cover auditing, governance roles, investigations and discipline, open meetings and records, ethics, conflicts of interest, and student privacy. Training must stress members’ duties to their colleges, Texas, and taxpayers. After training, each member must sign a sworn statement confirming an understanding of their duties.

College boards gain senior hiring control

College boards must approve or deny hiring provosts and deputy, associate, or assistant provosts. Boards may overturn vice president or dean hires, requiring offers to be withdrawn or employment or employment agreements ended. Presidents must annually evaluate leaders overseeing curriculum or student affairs and report removal decisions to their boards. Presidential search committees must include at least two board members, with a board member serving as chair. Boards must report hiring approvals, denials, and reversals annually to the governor, lieutenant governor, House speaker, and each legislator.

Faculty councils face new membership limits

Only governing boards may create faculty councils or senates, which remain advisory and follow board membership policies. Unless the board provides otherwise, membership is capped at 60, with at least two faculty representatives per college or school. The default selection rule gives each college or school one presidential appointee, with faculty electing the remaining representatives. Appointees may serve six consecutive one-year terms; elected members serve staggered two-year terms, with a two-year wait before reappointment or reelection. Members may be removed for specified failures or misconduct on the provost’s recommendation and president’s approval. Existing councils were abolished September 1, 2025, unless properly established under the new rules or ratified before that date as meeting board policy.

Students and employees gain complaint channel

The Texas Higher Education Coordinating Board must establish an ombudsman office to answer questions and monitor college compliance. The governor appoints its director with Senate approval, and the director serves at the governor’s pleasure. Students, faculty, and staff may submit written complaints alleging violations of the education laws listed in the act. Complaints must include the person’s name, contact details, the law allegedly violated, and supporting facts and evidence. The office must dismiss complaints from people who already brought a similar lawsuit or agency complaint against the college, including claims arising from the same facts.

College boards review required student courses

Texas public college boards must review general education requirements every five years, considering tuition, fees, graduation time, workforce needs, and accreditation. The first review and certification are due January 1, 2027; certification goes to state higher education officials and legislative committees annually by January 1. Colleges must report curriculum changes annually, and boards may reserve the right to overturn them. Institutions have final authority over degree programs and courses under their boards’ direction. Boards may exclude courses from course lists if neither classes nor individual instruction occurred during the previous two academic years. The law took effect September 1, 2025, with its provisions applying beginning January 1, 2026.

College complaints trigger deadlines and enforcement

The ombudsman office must notify college boards within five days of receiving complaints and provide quarterly status updates. Boards generally have 175 days to respond, with good-cause extensions, and 30 days to answer written information requests. The office investigates when necessary, issues findings and recommendations, and may demand evidence and cooperation for credible complaints. Noncompliance unresolved 180 days after its report must be reported to the state ombudsman and State Auditor. The ombudsman may recommend a legislative ban on spending state appropriations for a fiscal year until board-certified compliance is confirmed by the auditor. Investigation information receives confidentiality protections subject to student privacy law and attorney general rules, and annual reports go to state leaders and legislative committee chairs.

College programs face demand and funding checks

College presidents must arrange reviews of minor and certificate programs every five years to identify low-enrollment programs for merger or closure. Programs operating for less than five years are exempt, and reviews must use specific industry data supporting workforce demand. Governing boards must approve or deny resulting mergers or closures. For new degrees and certificates, the state checks national, state, or local need, unnecessary duplication, financing, faculty, student resources, and academic or workforce standards. Financing may come from legislative appropriations, board funds, or other sources.

Faculty input stays advisory under administrators

Public colleges must consult faculty, administrators, and other stakeholders on academic policy and campus operations. Governing boards retain final authority, and faculty and staff input remains advisory. Shared governance cannot block necessary reforms or advance political or ideological agendas. Only the institution or system president, chief executive, provost, or their designee may decide faculty grievance reviews or participate in faculty discipline. Faculty without an administrative leadership role cannot make final hiring decisions for faculty or administrative leaders.

Sponsors & Cosponsors

Sponsors

  • Brandon Creighton

    Republican • Senate

  • Matt Shaheen

    House

Cosponsors

  • Paul Bettencourt

    Republican • Senate

  • Brian Birdwell

    Republican • Senate

  • Brent Hagenbuch

    Republican • Senate

  • Bryan Hughes

    Republican • Senate

  • Mayes Middleton

    Republican • Senate

  • Charles Schwertner

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 377 • No: 237

Senate vote • 5/31/2025

Record vote

Yes: 20 • No: 11

House vote • 5/31/2025

Record vote

Yes: 83 • No: 47

House vote • 5/25/2025

Record vote

Yes: 85 • No: 56

House vote • 5/24/2025

Record vote

Yes: 83 • No: 53

Senate vote • 4/16/2025

Record vote

Yes: 20 • No: 11

Senate vote • 4/16/2025

Record vote

Yes: 20 • No: 11

Senate vote • 4/15/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/15/2025

Record vote

Yes: 20 • No: 11

Senate vote • 4/15/2025

Record vote

Yes: 20 • No: 11

Senate vote • 4/15/2025

Record vote

Yes: 11 • No: 20

Senate vote • Unknown

Committee vote: Education K-16

Yes: 9 • No: 1

House vote • Unknown

Committee vote: Higher Education

Yes: 6 • No: 5

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    6/2/2025House
  4. Signed in the House

    6/2/2025House
  5. Signed in the Senate

    6/1/2025Senate
  6. Reported enrolled

    6/1/2025Senate
  7. House adopts conf. comm. report-reported

    5/31/2025Senate
  8. Senate adopts conf. comm. report-reported

    5/31/2025House
  9. Statement(s) of vote recorded in Journal

    5/31/2025House
  10. Record vote (RV#4104)

    5/31/2025House
  11. House adopts conference committee report

    5/31/2025House
  12. Record vote

    5/31/2025Senate
  13. Senate adopts conference committee report

    5/31/2025Senate
  14. Conf. Comm. Report distributed

    5/30/2025House
  15. Conference committee report filed

    5/29/2025Senate
  16. House appoints conferees-reported

    5/29/2025Senate
  17. House grants request for conf comm-reported

    5/29/2025Senate
  18. House appoints conferees

    5/29/2025House
  19. House grants request for conference committee

    5/29/2025House
  20. Senate appoints conferees-reported

    5/28/2025House
  21. Senate requests conference committee-reported

    5/28/2025House
  22. Senate refuses to concur-reported

    5/28/2025House
  23. Senate appoints conferees

    5/28/2025Senate
  24. Senate requests conference committee

    5/28/2025Senate
  25. Senate refuses to concur

    5/28/2025Senate

Bill Text

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