85R2491 KJE-F
By: King of Parker H.B. No. 428
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements of public institutions of higher
education regarding student organization membership.
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. CERTAIN REQUIREMENTS OF PUBLIC INSTITUTIONS
REGARDING STUDENT ORGANIZATION MEMBERSHIP. (a) In this section:
(1) "Benefit" includes:
(A) recognition by or registration with an
institution of higher education;
(B) the use of an institution of higher
education's facilities for meetings or speaking purposes;
(C) the use of channels of communication
controlled by an institution of higher education; and
(D) funding sources made generally available to
student organizations at an institution of higher education.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(3) "Religious student organization" means a student
organization whose charter, bylaws, mission statement, policies,
or practices indicate that the organization is guided or motivated
by shared religious beliefs.
(4) "Student organization" includes any organization
that is composed mostly of students enrolled at an institution of
higher education and that receives a benefit from the institution.
(b) An institution of higher education may not take action
against a religious student organization or deny the organization
any benefit generally available to other student organizations at
the institution on the basis that the religious student
organization requires the organization's leaders or members to:
(1) adhere to or comply with the organization's:
(A) sincerely held religious beliefs; or
(B) sincere religious standards of conduct; or
(2) be committed to furthering the organization's
religious missions.
(c) An institution of higher education that violates
Subsection (b) is liable to the religious student organization that
is the subject of the violation and any student member of that
organization for:
(1) actual damages suffered by the organization or
member as a result of the violation;
(2) court costs; and
(3) reasonable attorney's fees.
(d) The cause of action created by Subsection (c) is
cumulative of any other remedy provided by common law or statute.
(e) A religious student organization or a student member of
the organization may raise a violation of Subsection (b) against
the organization as a defense or counterclaim in any relevant civil
or administrative proceedings brought against the organization or
member by the institution of higher education.
SECTION 2. This Act takes effect September 1, 2017.