Texas Education Code - Section 51.948. Restrictions On Contracts With Administrators
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§ 51.948. RESTRICTIONS ON CONTRACTS WITH
ADMINISTRATORS. (a) The governing board of an institution of
higher education may enter into an employment contract with an
administrator that is to be paid in whole or in part from
appropriated funds only if, before the date the contract is
executed, the governing board determines that the contract is in
the best interest of the institution.
(b) A contract entered into by a governing board under this
section may not:
(1) provide for employment for more than three years;
(2) allow for severance or other payments on the
termination of the contract to exceed an amount equal to the
discounted net present cash value of the contract on termination at
a market interest rate agreed upon in the contract;
(3) allow for development leave that is inconsistent
with Section 51.105; or
(4) award tenure in any way that varies from the
institution's general policy on the award of tenure.
(c) An institution of higher education may not pay a salary
to a person who is reassigned from an administrative position to a
faculty or other position at the institution that exceeds the
salary of other persons with similar qualifications performing
similar duties.
(d) An institution of higher education must require an
administrator who receives development leave to:
(1) return to work at the institution for an amount of
time equal to the amount of time the administrator received
development leave; or
(2) repay the institution for all the costs of the
development leave, including the amount of the administrator's
salary, if any, paid during the leave.
(e) A record that pertains to a contract between an
institution and an administrator, including terms relating to an
amount of money the institution has paid or agreed to pay or the
extension of any monetary or other consideration to an
administrator in connection with the settlement, compromise, or
other resolution of any difference between the institution or
governing body and a current or former administrator, is public
information and may not be withheld from public disclosure.
(f) Notwithstanding Subsection (b)(3), the governing board
of an institution may grant development leave at the faculty
member's full regular salary for one year to a faculty member who
has held an administrative position at the institution for more
than four years.
(g) In this section:
(1) "Administrator" means a person who has significant
administrative duties relating to the operation of the institution,
including the operation of a department, college, program, or other
subdivision of the institution.
(2) "Governing board" and "institution of higher
education" have the meanings assigned by Section 61.003.
(3) "Contract" includes a letter of agreement or
letter of understanding.
Added by Acts 1999, 76th Leg., ch. 533, § 1, eff. Sept. 1, 1999.
Renumbered from V.T.C.A., Education Code § 91.946 by Acts 2001,
77th Leg., ch. 1420, § 21.001(19), eff. Sept. 1, 2001.
Section: 51.941 51.942 51.943 51.945 51.946 51.9461 51.947 51.948 51.950 51.951 51.952 51.960 51.961 51.962 51.963
Last modified: August 10, 2007
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