Texas 2019 - 86th Regular

Texas House Bill HB1373

Caption

Relating to the protection of expressive activities at public institutions of higher education.

Impact

The bill designates common outdoor areas of university campuses as traditional public forums, where expressive activities are permitted, provided they do not disrupt institutional operations. While the bill allows for reasonable restrictions concerning time, place, and manner of these activities, it mandates that such rules be clear, content-neutral, and designed to serve a significant institutional interest. This framework seeks to allow vibrant campus discourse while balancing institutional responsibilities.

Summary

House Bill 1373 aims to protect the expressive activities of individuals at public institutions of higher education in Texas. The bill ensures the rights of students and others to assemble peacefully, speak freely, and engage in various forms of expression, including protests and distribution of materials on campus. This legislative effort is a response to concerns over possible restrictions on free speech and expression within educational settings, reiterating that the state's formal stance is to uphold the constitutional rights of individuals.

Contention

Notable points of contention surrounding HB 1373 include concerns about the potential for this legislation to limit university governance and autonomy regarding campus policies. Critics may argue that the broad protections could lead to disruptions in academic settings, and the bill could impede institutions' ability to create safe and productive learning environments. Additionally, the requirement for institutions to adopt neutral positions on various public controversies may complicate existing policies and practices related to free speech on campus.

Enforcement

To ensure compliance, the bill establishes a mechanism for individuals to seek injunctions or damages should their expressive rights be violated. Institutions must regularly report on free speech issues, detailing any incidents of disruption and evaluating the effectiveness of their free speech policies. This measure not only holds institutions accountable but also promotes transparency regarding the management of expressive activities at higher education establishments.

Companion Bills

No companion bills found.

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