The first five months of odd-numbered years sees TACT dedicate most of its resources toward legislative advocacy. This spring, then-TACT President Tom Hoffman made numerous trips to Austin to visit legislators and staff people on the issues important to higher education. Other TACT officers, members and staff communicated both at the Capitol and in the legislative districts to spread the message of higher education. The following is an analysis of the 76th Texas Legislature from a faculty perspective.
The Big Picture
Each legislative session is different, but this one was unique in several ways. The specter of Governor George W. Bush's presidential candidacy affected everything, and controversy was avoided until the waning days. Unprecedented budget surpluses, a thriving economy, a lack of court-ordered expenditures and the Comptroller taking away, then giving
back, approximately $800 million in
revenue estimates had legislators complaining that it was more difficult to divide the largess than to slash budgets as
they had early in the decade. The icing on
the cake was the billions of dollars from the tobacco settlement that attracted federal funds as well as increasing appropriations to public health programs and research centers.
Higher education benefited from $1.1 billion, an approximate 10 percent funding increase which was 10 percent of the entire new money available in the $98.1 billion budget for the biennium. Again, faculty salaries were not dedicated.
The TACT Agenda
The Association's legislative program focused on six priorities:
* Commit to a plan of faculty pay equity by the year 2003. During the previous legislative session, TACT drafted legislation that would set a goal of
matching average Texas faculty salaries with the average of the other ten most populous states. Senator Tom Haywood sponsored the bill but it never received a hearing in the Finance Committee and did not have a House companion. This session, the Senate version was heard in the Senate Subcommittee on Higher Education and was left pending. In the House, Representative Jim McReynolds carried the companion that was heard and left pending in the Higher Education Committee.
TACT supported Senator Barrientos in his unsuccessful rider to require a 7 percent salary increase and his successful rider requiring universities to report the percentage salary increases they award. Finally, a rider permits an extra 3 percent in the second year of the biennium if the Comptroller certifies that funds are available, and TACT is working with Senator Barrientos and the Comptroller's office to see that that occurs.
* Return to an appropriation of 8.5 percent of salary for all participants of the Optional Retirement Program. TACT tried a number of tactics to provide retirement equity for ORP participants hired since September 1995 and are limited to 6 percent employer contribution. A bill was drafted, committee testimony was provided, a rider was submitted to the House Appropriations Committee and Senate Finance Committee, Senator Armbrister advocated for it (since the concept was supported in his Senate State Affairs Committee Interim Report), ORP company lobbyists visited with Chairmen Ratliff and Junell, it was included in the "watch list" of the Senate Finance Committee, and it was even a discussion item during the final phases of the Conference Committee. In the end, there was just too much opposition from legislators who can't rationalize providing more money to faculty retirement than the 6 percent they fund for public school teachers participating in the Teacher Retirement Program.
* Increase the Teacher Retirement System (TRS) benefit multiplier from 2.0 to 2.25 percent. The TACT argument has always been that if state employees participating in the Employee Retirement System deserve 2.25, TRS should be the same. Unfortunately, legislators are not willing to contribute more than 6 percent of salary, so benefit increases are at the mercy of the trust fund and its return on investment. Fortunately, investment returns have been healthy and the Legislature was able to complete the fourth phase of the Consumer Price Index catch-up as well as provide all members with a 10 percent benefit increase by raising the TRS multiplier to 2.2 percent. If the stock market remains healthy, many are hopeful that the 2.25 multiplier will be affordable next session.
* Return academic decisions to the state institutions. This item was the result of initiatives during the previous session such as post-tenure review, core curriculum and field of study. Subjectively speaking, legislators didn't seem inclined toward micromanagement this session.
* Remove personal liability from Directors and Officers of nonprofit organizations. Representative Rick Hardcastle filed a bill at TACT's request and a number of other bills on the same topic were introduced. TACT testified that the service mission of higher education caused many faculty members to serve on nonprofit boards and should not be at personal risk for the activities of the organizations they serve. Unfortunately, the trial lawyers didn't see things our way, and the committees hearing the bills were dominated by trial lawyers. This is a good issue whose time has not yet arrived.
* State support of scholarships should be increased and the application process streamlined. The TEXAS (Toward Excellence, Access and Success) Grant Program was created and funded at $100 million for the biennium. Many speeches and comments indicated that greater funding might be committed in the future. Also, a constitutional amendment would permit the Texas Higher Education Coordinating Board to sell an additional $400 million in bonds for the State of Texas College Student Loan Program.
Other Issues
TASP - The Texas Association of College Teachers has been instrumental in the creation of, and changes to, the Texas Academic Skills Program. House Higher Education Committee Chair Irma Rangel has said on several occasions that she is in support of all of TACT's goals except the maintenance of TASP. She again filed a bill that would weaken the evaluation and developmental functions of TASP, but it was not acted upon in time by the full House.
Expert Witnesses - Even though a federal judge ruled unconstitutional an appropriations rider preventing faculty from testifying against the state, legislation was passed requiring institutions to report to the Coordinating Board, "without identifying specific individuals," aggregate information such as amount of time spent, outcomes of cases, judgements against the state, and attorney fees awarded. TACT asked Governor Bush to veto the bill, but he signed it.
Staff Pay - Non-faculty employees of higher education were included in the state employee across-the-board pay raise of $1,200 per year.
TEG - For students at private colleges, Tuition Equalization Grants were increased by $30 million.
TIF - The Telecommunications Infrastructure Fund received an additional $32 million.
TRS Operations - The cost of operating the Teacher Retirement System reverts to the previous practice of being funded from the trust fund, rather than general appropriations, saving the state nearly $50 million but reducing the amount otherwise available for benefit increases.
Special Commission - Lt. Governor Rick Perry announced an interim Special Commission on Twenty-First Century Colleges and Universities. TACT has submitted its suggestions on issues to be studied and has asked to be represented on the Commission.
Faculty Grievances - Chairwoman Rangel passed a bill allowing a faculty member to present a grievance in person relating to termination or nonrenewal of a contract to an administrator identified by the governing board.
Texas Tomorrow Fund - Authority was given to the governing board to expand the program to allow prepaid tuition for graduate and professional degree programs.