| 1 | 1 | | 81R14523 GCB-D |
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| 2 | 2 | | By: Naishtat H.B. No. 4561 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting institutions of higher education from |
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| 8 | 8 | | disciplining students for conduct involving speech or expression. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 11 | 11 | | amended by adding Section 51.9315 to read as follows: |
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| 12 | 12 | | Sec. 51.9315. FREEDOM FROM DISCIPLINARY ACTION FOR |
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| 13 | 13 | | PROTECTED SPEECH OR EXPRESSION. (a) In this section, "institution |
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| 14 | 14 | | of higher education" has the meaning assigned by Section 61.003. |
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| 15 | 15 | | (b) An institution of higher education may not subject a |
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| 16 | 16 | | student to disciplinary action for conduct that, if engaged in by a |
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| 17 | 17 | | person with no connection to the institution at a public location |
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| 18 | 18 | | other than on the campus or other property of the institution, would |
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| 19 | 19 | | be protected as free speech or expression by the Constitution of the |
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| 20 | 20 | | United States or the Texas Constitution. |
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| 21 | 21 | | (c) A student enrolled at an institution of higher education |
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| 22 | 22 | | may bring an action for injunctive or other appropriate relief to |
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| 23 | 23 | | compel the institution to comply with this section. |
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| 24 | 24 | | (d) Nothing in this section prohibits an institution of |
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| 25 | 25 | | higher education from adopting rules intended to prevent conduct |
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| 26 | 26 | | that is not constitutionally protected, including threats, |
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| 27 | 27 | | harassment, intimidation, and violence. |
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| 28 | 28 | | SECTION 2. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2009. |
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