On Monday, June 2, the regular session of the 89th Legislature came to an end, with dealmaking on high-impact pre-K-12 and higher education bills happening until the bitter end.
There is much to unpack and process in the bills making their way to the governor’s desk; several pieces of major legislation effectively will rewrite how our colleges, and universities operate, largely for the worse.
Over the summer, Texas AFT will break down those impacts weekly in the Hotline, and how they pertain to the 10 essential rights our members outlined in the Educator’s Bill of Rights. For now, though, here are some key items to be aware of for higher education faculty and staff.
Bills That Crossed the Finish Line
Senate Bill 37 – It’s Still the “Death Star” Bill for Higher Education
SB 37 was officially sent to the governor’s desk on Monday, June 2. Through the relentless advocacy of our higher education members, we were able to make major amendments to the bill.
We successfully advocated for the removal of language mandating that faculty “do not advocate or promote the idea that any race, sex, or ethnicity or any religious belief is inherently superior to any other race, sex, or ethnicity or any other religious belief.” This language would have censored critical conversations in core classes, especially in teaching American and Texas government and history. We also successfully advocated the remove language that would allow members of a faculty senate to be unilaterally removed from their position for “personal political advocacy.”
SB 37 remains a deeply repressive act, and still severely limits faculty free speech, imposes undue oversight over curriculum, and sets dangerous precedents for future laws in the state and the nation. It takes effect Sept. 1, 2025.
House Bill 42 – Higher Education Finally Gets Its Funding
The Senate dragged its feet in getting the higher education funding bill back to the House. Every 10 years, the Legislature reconsiders higher education fund appropriation levels and allocation methodology and makes allocation adjustments. HB 42 would increase appropriations to all public university and college systems from $393.75 million to $590.625 million per fiscal year, to account for enrollment growth and inflation.
HB 42 increases appropriations to the Higher Education Fund (HEF), a dedicated state funding source for capital needs of higher education institutions, particularly those not supported by the Permanent University Fund (PUF). The PUF only supports institutions in the Texas A&M or University of Texas systems.
Despite increased maintenance needs at higher education institutions, the HEF has remained flat, currently only covering 4% of these needs. The original version of the bill would have increased funding to $787 million per fiscal year, but the Senate amended it to a lower amount of $590.625 million.
Despite the change, HB 42 still increases HEF funding to provide continued support for all college and university systems. It was sent to the Governor’s desk on Sunday, June 1, and will be effective on Sept. 1, 2025.
Senate Bill 2615 – Limiting Telework in Higher Education Institutions
SB 2615, another bill by Sen. Brandon Creighton, author of SB 37, defines telework in statute and restricts telework for higher education employees except under the following conditions:
- Temporary illness or medical disability
- Non-teaching positions with demonstrated ability for effective independent work and if the position does not require day-to-day physical interaction with the university community
- Employed in a teaching position but not a faculty member of the institution
- Employed in a teaching position and assigned to teach a course designated as distance-learning or dual credit
- Faculty members on an off-campus research assignment or providing telehealth services
- An exemption for telework during a catastrophe that disrupts the employee’s ability to work in person
While this bill still limits faculty members’ ability to work remotely, the language allows for hybrid work and defines clear exemptions to Gov. Greg Abbott’s executive order mandating all state employees to return to in-person work by March 31, 2025. SB 2615 was sent to the governor’s desk on June 2 and if signed will be effective Sept. 1, 2025.
Senate Bill 2972 – Limiting Campus Free Speech & “Expressive Activities”
SB 2972 was thankfully watered down in conference committee. The initial provisions in the act would have restricted expressive activity on public institutions of higher education to enrolled students and employees only, excluding alumni, community members, and guests.
In the version sent to the governor, these provisions are amended to ensure students, faculty, and staff may engage in expressive activities in common outdoor spaces of their campus. This version was also amended to broaden who may be allowed to engage in expressive activities to “members of the university community,” which may be interpreted to include alumni, parents of students, invited guests, etc.
However, the bill still allows an institution’s governing board to designate areas on campus that can be used as public forums.
The bill was sent to the governor’s desk on June 2 and will take effect on Sept. 1, 2025.
Bills That Didn’t Survive — for Better or Worse
House Bill 3326 – PSLF Eligibility for Adjunct Faculty
HB 3326 would recalculate adjunct faculty work hours to ensure that adjuncts working a certain number of hours qualify for the Public Service Loan Forgiveness (PSLF) program, aligning with regulations put in place by the Biden Administration. This bill would require colleges to credit their adjunct and contingent faculty at least 3.35 hours of work for each credit hour taught. HB 3326 would also define full-time employment as 30 or more hours per week at one or more jobs. This means that teaching a total of nine credit hours per semester at any number of institutions equates to PSLF eligibility.
Unfortunately, HB 3326 was never heard in the Senate Education K-16 Committee. However, this was our first Educator’s Bill of Rights bill to pass the House. In the four sessions it’s been filed, this is the first time it received a committee hearing and made it out of the House. Next legislative session, we know we can push for this bill again and hopefully take it all the way to the governor’s desk!
House Bill 5294 – “DEI” and Grading Policies in Medical Schools
This controversial bill regarding medical schools would have required all medical schools to grade on an A-F scale and prohibit the use of pass/fail grading. Currently, several medical schools in Texas grade coursework on a “Pass/Fail” system, where numerical or letter grades are not recorded. The bill also prohibits “granting preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for admission.”
Thankfully, this is one of the many bills that died due to a procedural error in the Texas Senate.
House Bill 232 & Senate Bill 1798 – Bills to Repeal the Texas DREAM Act
HB 232 and HB 1798 would have imposed restrictions on Dreamers’ ability to qualify for in-state tuition. While both bills died either in committee or because time ran out, a lawsuit from the U.S. Department of Justice against the State of Texas for providing in-state tuition to undocumented students resulted in the repeal of the Texas DREAM Act anyway.
Attorney General Ken Paxton urged the courts to side with the federal government and declare the law unconstitutional.
Until now, Texas was one of 24 states offering in-state tuition to undocumented students. The impact this repeal will have on currently enrolled students will be devastating, leaving already vulnerable student populations scrambling to find ways to afford college.
Texas AFT made this clear in our official statement against this decision:
“Every Texas student has the right to a high-quality, affordable education, regardless of their zip code, race, socioeconomic bracket, or immigration status – all factors outside of their control. The actions of state officials set a disturbing precedent that if the Legislature refuses to advance their most punishing priorities, they will cry foul and run to the federal government to be rescued.”
This was a long, brutal legislative session for education across the board, but because of our members’ tireless work against these destructive efforts, we were able to push the needle and reduce harm for our communities.
Join us for a statewide higher education legislative debrief on July 29, where we’ll go over which bills passed and which died, how to navigate changes as institutions begin to implement these laws, and how to continue to build power on our college campuses. RSVP for the virtual event here.