Texas Senate approves ban on college, university faculty tenure

(The Center Square) – The Texas Senate passed a bill to ban higher education institutions in Texas from implementing tenure, a lifetime contract, with employees.

The bill passed by a vote of 18-11, with two Republicans absent and one Democrat supporting it.

Senate Bill 18, “Eliminating Tenure at General Academic Institutions,” filed by Sen. Brandon Creighton, R-Conroe, went through a lengthy floor debate before it passed.

Lt. Gov. Dan Patrick, who leads the Senate, lauded the bill’s passage, which is one of his 30 legislative priorities. 

“Tenured university professors are the only people in our society that have the guarantee of a job,” he said in a statement. “Over the past year, it has become abundantly clear that some tenured faculty at Texas universities feel immune to oversight from the legislature and their respective board of regents,” he added, referring to those who continue to implement diversity, equity and inclusion (DEI) policies despite the fact that they violate federal law. 

The Senate also passed a bill filed by Creighton banning higher education institutions from implementing DEI policies.

“These professors claim ‘academic freedom’ and hide behind their tenure to continue blatantly advancing their agenda of societal division,” Patrick added, pointing to an excerpt from a Feb. 14 University of Texas Faculty Council Resolution. 

The resolution states, “THEREFORE BE IT RESOLVED that the Faculty Council resolutely rejects any attempts by bodies external to the faculty to restrict or dictate the content of university curriculum on any matter, including matters related to racial and social justice, and will stand firm against any and all encroachment on faculty authority including by the legislature or the Board of Regents.”

Patrick said it was “shocking that these professors, who live inside a bubble, genuinely believe they are not accountable to anyone. That is not how the real world works. Of course, they are accountable to the Texas Legislature and their board of regents. This behavior must not be tolerated.”

SB 18 amends the education code to prohibit general academic institutions of higher education from granting an employee tenure or any kind of permanent employment status. If enacted, the bill would take effect Sept. 1, 2023. It would not apply to employees who received tenure before that date.

The bill was filed in response to concerns that were raised by Texans “that there are few incentives for professors to work hard once tenure is attained,” the bill analysis states. When tenured faculty don’t retire “because they have lifetime contracts, they potentially block younger faculty and staff from bringing in fresh ideas to keep pace with changing times,” it adds.

Sen. Cesar Blanco, D-El Paso, said he voted for the bill because he argues tenure has historically prevented minority teachers from attaining higher education positions.

He tweeted, “Universities have a shameful track record of discrimination and racism. Now without diversity, equity, and inclusion, I don’t trust that universities will do any better by minorities. In good conscience, I can’t and won’t defend higher education and the status quo of tenure discrimination.”