| 1 | 1 | | 85R2491 KJE-F |
|---|
| 2 | 2 | | By: King of Parker H.B. No. 428 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain requirements of public institutions of higher |
|---|
| 8 | 8 | | education regarding student organization membership. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|---|
| 11 | 11 | | amended by adding Section 51.9362 to read as follows: |
|---|
| 12 | 12 | | Sec. 51.9362. CERTAIN REQUIREMENTS OF PUBLIC INSTITUTIONS |
|---|
| 13 | 13 | | REGARDING STUDENT ORGANIZATION MEMBERSHIP. (a) In this section: |
|---|
| 14 | 14 | | (1) "Benefit" includes: |
|---|
| 15 | 15 | | (A) recognition by or registration with an |
|---|
| 16 | 16 | | institution of higher education; |
|---|
| 17 | 17 | | (B) the use of an institution of higher |
|---|
| 18 | 18 | | education's facilities for meetings or speaking purposes; |
|---|
| 19 | 19 | | (C) the use of channels of communication |
|---|
| 20 | 20 | | controlled by an institution of higher education; and |
|---|
| 21 | 21 | | (D) funding sources made generally available to |
|---|
| 22 | 22 | | student organizations at an institution of higher education. |
|---|
| 23 | 23 | | (2) "Institution of higher education" has the meaning |
|---|
| 24 | 24 | | assigned by Section 61.003. |
|---|
| 25 | 25 | | (3) "Religious student organization" means a student |
|---|
| 26 | 26 | | organization whose charter, bylaws, mission statement, policies, |
|---|
| 27 | 27 | | or practices indicate that the organization is guided or motivated |
|---|
| 28 | 28 | | by shared religious beliefs. |
|---|
| 29 | 29 | | (4) "Student organization" includes any organization |
|---|
| 30 | 30 | | that is composed mostly of students enrolled at an institution of |
|---|
| 31 | 31 | | higher education and that receives a benefit from the institution. |
|---|
| 32 | 32 | | (b) An institution of higher education may not take action |
|---|
| 33 | 33 | | against a religious student organization or deny the organization |
|---|
| 34 | 34 | | any benefit generally available to other student organizations at |
|---|
| 35 | 35 | | the institution on the basis that the religious student |
|---|
| 36 | 36 | | organization requires the organization's leaders or members to: |
|---|
| 37 | 37 | | (1) adhere to or comply with the organization's: |
|---|
| 38 | 38 | | (A) sincerely held religious beliefs; or |
|---|
| 39 | 39 | | (B) sincere religious standards of conduct; or |
|---|
| 40 | 40 | | (2) be committed to furthering the organization's |
|---|
| 41 | 41 | | religious missions. |
|---|
| 42 | 42 | | (c) An institution of higher education that violates |
|---|
| 43 | 43 | | Subsection (b) is liable to the religious student organization that |
|---|
| 44 | 44 | | is the subject of the violation and any student member of that |
|---|
| 45 | 45 | | organization for: |
|---|
| 46 | 46 | | (1) actual damages suffered by the organization or |
|---|
| 47 | 47 | | member as a result of the violation; |
|---|
| 48 | 48 | | (2) court costs; and |
|---|
| 49 | 49 | | (3) reasonable attorney's fees. |
|---|
| 50 | 50 | | (d) The cause of action created by Subsection (c) is |
|---|
| 51 | 51 | | cumulative of any other remedy provided by common law or statute. |
|---|
| 52 | 52 | | (e) A religious student organization or a student member of |
|---|
| 53 | 53 | | the organization may raise a violation of Subsection (b) against |
|---|
| 54 | 54 | | the organization as a defense or counterclaim in any relevant civil |
|---|
| 55 | 55 | | or administrative proceedings brought against the organization or |
|---|
| 56 | 56 | | member by the institution of higher education. |
|---|
| 57 | 57 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|