| 1 | 1 | | 85R13608 KJE-F |
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| 2 | 2 | | By: Cain H.B. No. 2527 |
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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 the protection of expressive activities at public |
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| 8 | 8 | | institutions of higher education. |
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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. PROTECTED EXPRESSION ON CAMPUS. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Expressive activities" means any speech or |
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| 15 | 15 | | expressive conduct protected by the First Amendment to the United |
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| 16 | 16 | | States Constitution or Section 8, Article I, Texas Constitution, |
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| 17 | 17 | | and includes assemblies, protests, speeches, the distribution of |
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| 18 | 18 | | written material, the carrying of signs, and the circulation of |
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| 19 | 19 | | petitions. The term does not include commercial speech. |
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| 20 | 20 | | (2) "Institution of higher education" has the meaning |
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| 21 | 21 | | assigned by Section 61.003. |
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| 22 | 22 | | (b) It is the policy of this state to protect the expressive |
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| 23 | 23 | | rights of persons guaranteed by the constitutions of the United |
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| 24 | 24 | | States and of this state by ensuring that: |
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| 25 | 25 | | (1) all persons may assemble peaceably on the campuses |
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| 26 | 26 | | of institutions of higher education for expressive activities; and |
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| 27 | 27 | | (2) the expressive rights of persons on the campuses |
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| 28 | 28 | | of institutions of higher education are not unnecessarily |
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| 29 | 29 | | restricted or impeded by rules or policies adopted by the |
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| 30 | 30 | | institutions. |
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| 31 | 31 | | (c) An institution of higher education shall: |
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| 32 | 32 | | (1) ensure that the common outdoor areas of the |
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| 33 | 33 | | institution's campus are deemed traditional public forums; and |
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| 34 | 34 | | (2) permit any person to engage in expressive |
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| 35 | 35 | | activities on those areas of the institution's campus freely, as |
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| 36 | 36 | | long as the person's conduct: |
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| 37 | 37 | | (A) is not unlawful; and |
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| 38 | 38 | | (B) does not materially and substantially |
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| 39 | 39 | | disrupt the functioning of the institution. |
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| 40 | 40 | | (d) Notwithstanding Subsection (c), an institution of |
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| 41 | 41 | | higher education by rule may maintain and enforce reasonable |
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| 42 | 42 | | restrictions on the time, place, and manner of expressive |
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| 43 | 43 | | activities on the common outdoor areas of the institution's campus |
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| 44 | 44 | | if those restrictions: |
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| 45 | 45 | | (1) serve a significant institutional interest; |
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| 46 | 46 | | (2) employ clear, published, content-neutral, and |
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| 47 | 47 | | viewpoint-neutral criteria; |
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| 48 | 48 | | (3) provide for ample alternative means of expression; |
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| 49 | 49 | | and |
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| 50 | 50 | | (4) allow members of the university community to |
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| 51 | 51 | | spontaneously and contemporaneously assemble or distribute written |
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| 52 | 52 | | material without a permit or other permission from the institution. |
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| 53 | 53 | | (e) Subsections (c) and (d) do not limit the right of |
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| 54 | 54 | | student expression at other campus locations. |
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| 55 | 55 | | (f) The protections under this section apply equally to |
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| 56 | 56 | | students and to student groups and organizations, regardless of |
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| 57 | 57 | | whether the group or organization is recognized by or registered |
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| 58 | 58 | | with the institution of higher education. |
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| 59 | 59 | | (g) Not later than the first anniversary of the date that a |
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| 60 | 60 | | violation of this section is alleged to have occurred at an |
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| 61 | 61 | | institution of higher education, the attorney general or a person |
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| 62 | 62 | | whose expressive rights have been violated under this section may |
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| 63 | 63 | | bring an action for injunctive relief to compel the institution to |
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| 64 | 64 | | comply with this section or to recover compensatory damages, court |
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| 65 | 65 | | costs, and reasonable attorney's fees. For purposes of computing |
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| 66 | 66 | | the limitation period under this subsection, each day of a |
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| 67 | 67 | | continuing violation of this section, including each day that a |
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| 68 | 68 | | rule or policy of the institution that violates this section |
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| 69 | 69 | | remains in effect, constitutes a separate violation. |
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| 70 | 70 | | (h) In addition to the cause of action under Subsection (g), |
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| 71 | 71 | | a person whose expressive rights are affected by a rule or policy |
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| 72 | 72 | | adopted by an institution of higher education may file suit against |
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| 73 | 73 | | the institution for declaratory judgment in the manner provided by |
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| 74 | 74 | | Chapter 37, Civil Practice and Remedies Code. |
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| 75 | 75 | | SECTION 2. This Act takes effect September 1, 2017. |
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