Texas 2017 - 85th Regular

Texas Senate Bill SB1151 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Buckingham S.B. No. 1151
2		-	(In the Senate - Filed February 28, 2017; March 9, 2017,
3		-	read first time and referred to Committee on Higher Education;
4		-	May 5, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 4, Nays 2; May 5, 2017, sent
6		-	to printer.)
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1151 By: Buckingham
	1	+	By: Buckingham, et al. S.B. No. 1151
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to the protection of expressive activities at public
13	7		institutions of higher education.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Subchapter Z, Chapter 51, Education Code, is
16	10		amended by adding Section 51.9315 to read as follows:
17	11		Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this
18	12		section:
19	13		(1) "Expressive activities" means any speech or
20	14		expressive conduct protected by the First Amendment to the United
21	15		States Constitution or Section 8, Article I, Texas Constitution,
22	16		and includes assemblies, protests, speeches, the distribution of
23	17		written material, the carrying of signs, and the circulation of
24	18		petitions.
25	19		(2) "Institution of higher education" has the meaning
26	20		assigned by Section 61.003.
27		-	(b) Each institution of higher education shall adopt a
	21	+	(b) An institution of higher education may not designate any
	22	+	area on campus as a free speech zone or otherwise create policies
	23	+	implying that its students' expressive activities are restricted to
	24	+	particular areas of campus. An institution of higher education may
	25	+	not, except to provide time, place, or manner restrictions as
	26	+	provided by Subsection (c), restrict the right of students to
	27	+	engage in expression in a student forum.
	28	+	(c) Notwithstanding Subsection (b), an institution of
	29	+	higher education by rule may maintain and enforce reasonable
	30	+	restrictions on the time, place, and manner of expressive
	31	+	activities on the common outdoor areas of the institution's campus
	32	+	if those restrictions:
	33	+	(1) are narrowly tailored to serve a significant
	34	+	institutional interest;
	35	+	(2) employ clear, published, content-neutral, and
	36	+	viewpoint-neutral criteria; and
	37	+	(3) provide for ample alternative means of expression.
	38	+	(d) Each institution of higher education shall adopt a
28	39		policy detailing students' and employees' rights to engage in
29	40		expressive activities at the institution. The policy must:
30	41		(1) prohibit:
31	42		(A) reducing a student's grade for engaging in
32	43		expressive activities; and
33	44		(B) increasing a student's grade for engaging in
34	45		expressive activities, unless a variety of expressive activities
35	46		and viewpoints, including the viewpoints of any political party,
36	47		qualify for the increase;
37	48		(2) include a grievance procedure for addressing
38	49		complaints of a violation of this section;
39	50		(3) be approved by a majority vote of the institution's
40	51		governing board before final adoption; and
41	52		(4) be posted on the institution's Internet website.
42		-	(c) Each institution of higher education shall inform
	53	+	(e) Each institution of higher education shall inform
43	54		students enrolled at and employees of the institution of the policy
44		-	adopted under Subsection (b), including by:
	55	+	adopted under Subsection (d), including by:
45	56		(1) discussing the policy during student orientation;
46	57		and
47	58		(2) annually distributing a copy of the policy to
48	59		students and employees.
49		-	(d) An institution of higher education or any employee of
	60	+	(f) An institution of higher education or any employee of
50	61		the institution may not punish a student or employee in any manner
51	62		for engaging in expressive activities.
52	63		SECTION 2. If any provision of this Act or its application
53	64		to any person or circumstance is held invalid, the invalidity does
54	65		not affect other provisions or applications of this Act that can be
55	66		given effect without the invalid provision or application, and the
56	67		provisions of this Act are severable for this purpose.
57	68		SECTION 3. This Act takes effect September 1, 2017.
58		-	* * * * *