Texas Education Code 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 § 51.105; or
(4) award tenure in any way that varies from the institution’s general policy on the award of tenure.
Terms Used In Texas Education Code 51.948
- Contract: A legal written agreement that becomes binding when signed.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(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 § 61.003.
(3) “Contract” includes a letter of agreement or letter of understanding.