EXPLAINER: Texas bill standardizes tenure practices at universities

A revised Texas Senate Bill 18 was signed into law June 17. Unlike the original version which would have eliminated the practice of tenure, the final version sets the rules for tenure at Texas universities.

Faculty receive tenure after meeting their institution’s requirements and are then guaranteed employment. Tenure requirements are now set by the state.

“Tenure was and is for the protection of the public. Not the protection of the professors. Not the protection of the rich and powerful. It’s for the masses of the public,” says UHCL Professor Paul Wagner. “The scholarship that someone else perhaps doesn’t want getting out has a way of getting out.”

The American Association of University Professors (AAUP), which makes recommendations on standards and procedures for U.S. universities, echoes Wagner’s claim.

“Tenure provides the conditions for faculty to pursue research and innovation and draw evidence-based conclusions free from corporate or political pressure,” states the AAUP.

Tenure has benefits beyond protecting publication. The stability of tenure allows faculty to specialize in fields like humanities and history, where career prospects outside of academia might be limited.

Most major U.S. academic institutions have tenured faculty. University professor is not the only position that sees tenure-like practices. Medical doctors and lawyers, who also require postgraduate education, can become partners in their practices and receive many of the same protections as tenured faculty. This includes less obvious institutions such as medical schools. Houston’s MD Anderson Cancer Center is part of the University of Texas System and relies on tenured faculty to teach and provide care.

Per AAUP recommendations, tenured faculty can be fired for cause, or in cases of financial exigency or program discontinuation. These practices are followed by most universities, including the University of Houston and the University of Texas Systems.

New faculty typically go through a probationary period before they are considered for tenure. Faculty in the University of Houston System undergo a probationary period of up to seven years, as do faculty in the University of Texas and Texas A&M University Systems. During this period, probationary faculty can be fired at-will.

Even after a probationary period, tenure is not assured. Prospective faculty undergo extensive review by the university’s existing faculty, before needing approval from the board of regents to receive tenure.

Discussion around Texas universities tends to focus on teaching, which is only part of a professor’s responsibilities. Faculty duties usually also include research and community service.

The new law goes into effect Sept. 1, 2023.