83R1638 KJM-D
By: Krause H.B. No. 360
A BILL TO BE ENTITLED
AN ACT
relating to withholding state funding from a public or private
institution of higher education that requires student
organizations to allow student participation regardless of status
or beliefs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9362 to read as follows:
Sec. 51.9362. WITHHOLDING STATE FUNDING FROM INSTITUTIONS
REGULATING STUDENT ORGANIZATION MEMBERSHIP. (a) In this section:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(2) "Religious student organization" means a student
organization whose charter, bylaws, mission statement, policies,
or practices indicate that the organization is guided or motivated
by religion.
(3) "Student organization" includes any organization
that is composed mostly of students enrolled at an institution of
higher education or a private or independent institution of higher
education and that:
(A) is registered with the institution;
(B) receives student organization resource fee
revenues or other funding from the institution; or
(C) is otherwise recognized as a student
organization by the institution.
(b) An institution of higher education or private or
independent institution of higher education may not receive any
state funding for a fiscal year following a year in which the
institution requires a student organization, including a religious
student organization, to allow any student enrolled at the
institution to participate in the organization, regardless of the
student's beliefs or status, including race, gender, and sexual
orientation.
(c) An institution of higher education or private or
independent institution of higher education with a policy requiring
a religious student organization to allow any student enrolled at
the institution to participate in the organization, regardless of
the student's status or beliefs, violates the organization's
members' First Amendment rights guaranteed by the United States
Constitution, including the rights of free exercise of religion and
of freedom of association.
SECTION 2. This Act takes effect September 1, 2013.