By: Krause H.B. No. 1525
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the board of trustees of an independent
school district from exercising disparate treatment in allowing
access to school campuses during non-instructional time based on
the religious nature of an organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that a school district
that denies an organization access to its limited public forum on
the grounds that the organization is religious in nature, or that
the viewpoints expressed by the organization are religious in
nature, is violating the organization's free speech rights. To
protect those rights, this Act intends to codify the supporting
language of the United States Supreme Court in Good News Club v.
Milford Central School, 533 U.S. 98 (2001), and Lamb's Chapel v.
Center Moriches Union Free School District, 508 U.S. 384 (1993).
SECTION 2. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.1651 to read as follows:
Sec. 11.1651. PROHIBITION OF DISPARATE TREATMENT IN
ALLOWING ACCESS TO SCHOOL CAMPUSES DURING NON-INSTRUCTIONAL TIME
BASED ON RELIGIOUS NATURE OF ORGANIZATION. If the board of trustees
of an independent school district allows noncurricular community
organizations not organized or operated primarily by students
access to district school campuses during non-instructional time,
the district must provide religious organizations the same access
to school campuses during non-instructional time as is given to
other noncurricular organizations without discrimination based on
any religious nature of an organization or on an organization's
activities on campus, including expression of religious
viewpoints.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.