Texas 2013 - 83rd Regular

Texas House Bill HB360 Compare Versions

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Old	New	Differences
1	1	83R26338 KSD-F
2	2	By: Krause, King of Parker H.B. No. 360
3	3	Substitute the following for H.B. No. 360:
4	4	By: Branch C.S.H.B. No. 360
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain requirements of public institutions of higher
10	10	education regarding student organization membership.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
13	13	amended by adding Section 51.9362 to read as follows:
14	14	Sec. 51.9362. CERTAIN REQUIREMENTS OF PUBLIC INSTITUTIONS
15	15	REGARDING STUDENT ORGANIZATION MEMBERSHIP. (a) It is the policy
16	16	of this state to promote diversity of thought and the marketplace of
17	17	ideas on the campuses of public institutions of higher education in
18	18	this state, including by:
19	19	(1) protecting the rights of freedom of speech and
20	20	freedom of association guaranteed by the constitutions of the
21	21	United States and of this state so that all students of those
22	22	institutions may assemble peaceably for a specific stated purpose
23	23	and goal; and
24	24	(2) ensuring that those rights are not unnecessarily
25	25	restricted or impeded by rules or policies adopted by those
26	26	institutions.
27	27	(b) In this section:
28	28	(1) "Institution of higher education" has the meaning
29	29	assigned by Section 61.003.
30	30	(2) "Religious student organization" means a student
31	31	organization whose charter, bylaws, mission statement, policies,
32	32	or practices indicate that the organization is guided or motivated
33	33	by religion.
34	34	(3) "Student organization" includes any organization
35	35	that is composed mostly of students enrolled at an institution of
36	36	higher education and that:
37	37	(A) is registered with the institution;
38	38	(B) receives student organization resource fee
39	39	revenues or other funding from the institution; or
40	40	(C) is otherwise recognized as a student
41	41	organization by the institution.
42	42	(c) An institution of higher education is subject to a
43	43	penalty under Subsection (e) if the institution requires a student
44	44	organization, including a religious student organization, to
45	45	accept for membership in the organization a student:
46	46	(1) who demonstrates opposition to the organization's
47	47	stated beliefs and purposes; or
48	48	(2) whose membership in the organization:
49	49	(A) would affect in a significant way the
50	50	organization's ability to advocate public or private viewpoints; or
51	51	(B) is designed for the subversive intent of
52	52	undermining the organization's ability to assemble for its stated
53	53	purposes.
54	54	(d) An institution of higher education with a policy
55	55	requiring a religious student organization to allow any student
56	56	enrolled at the institution to participate in the organization,
57	57	regardless of the student's beliefs, violates the organization's
58	58	members' First Amendment rights guaranteed by the United States
59	59	Constitution, including the rights of free exercise of religion and
60	60	of freedom of association.
61	61	(e) If the comptroller determines that an institution of
62	62	higher education has incurred a penalty for a violation of
63	63	Subsection (c), the comptroller shall assess the penalty in an
64	64	amount equal to the total amount of student activity fees collected
65	65	by the institution in the academic year in which the violation
66	66	occurred. The comptroller shall collect the penalty by withholding
67	67	the amount of the penalty from the undedicated general revenue
68	68	appropriated by the legislature to the institution in the fiscal
69	69	year in which the penalty is assessed or, if necessary, in the next
70	70	fiscal year.
71	71	SECTION 2. This Act takes effect September 1, 2013.