By: Buckingham S.B. No. 1151
(In the Senate - Filed February 28, 2017; March 9, 2017,
read first time and referred to Committee on Higher Education;
May 5, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 2; May 5, 2017, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1151 By: Buckingham
A BILL TO BE ENTITLED
AN ACT
relating to the protection of expressive activities at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9315 to read as follows:
Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this
section:
(1) "Expressive activities" means any speech or
expressive conduct protected by the First Amendment to the United
States Constitution or Section 8, Article I, Texas Constitution,
and includes assemblies, protests, speeches, the distribution of
written material, the carrying of signs, and the circulation of
petitions.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) Each institution of higher education shall adopt a
policy detailing students' and employees' rights to engage in
expressive activities at the institution. The policy must:
(1) prohibit:
(A) reducing a student's grade for engaging in
expressive activities; and
(B) increasing a student's grade for engaging in
expressive activities, unless a variety of expressive activities
and viewpoints, including the viewpoints of any political party,
qualify for the increase;
(2) include a grievance procedure for addressing
complaints of a violation of this section;
(3) be approved by a majority vote of the institution's
governing board before final adoption; and
(4) be posted on the institution's Internet website.
(c) Each institution of higher education shall inform
students enrolled at and employees of the institution of the policy
adopted under Subsection (b), including by:
(1) discussing the policy during student orientation;
and
(2) annually distributing a copy of the policy to
students and employees.
(d) An institution of higher education or any employee of
the institution may not punish a student or employee in any manner
for engaging in expressive activities.
SECTION 2. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and the
provisions of this Act are severable for this purpose.
SECTION 3. This Act takes effect September 1, 2017.
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