Texas 2019 - 86th Regular

Texas House Bill HB1373 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R727 KJE-D
2	2	By: Zedler H.B. No. 1373
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of expressive activities at public
8	8	institutions of higher education.
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 51.9315 to read as follows:
12	12	Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this
13	13	section:
14	14	(1) "Expressive activities" include assemblies,
15	15	protests, speeches, the distribution of written material, the
16	16	carrying of signs, and the circulation of petitions. The term does
17	17	not include commercial speech.
18	18	(2) "Institution of higher education" and "university
19	19	system" have the meanings assigned by Section 61.003.
20	20	(b) It is the policy of this state to protect the expressive
21	21	rights of persons guaranteed by the constitutions of the United
22	22	States and of this state by ensuring that:
23	23	(1) all persons may assemble peaceably on the campuses
24	24	of institutions of higher education for expressive activities; and
25	25	(2) the expressive rights of persons on the campuses
26	26	of institutions of higher education are not unnecessarily
27	27	restricted or impeded by rules or policies adopted by the
28	28	institutions.
29	29	(c) An institution of higher education shall:
30	30	(1) ensure that the common outdoor areas of the
31	31	institution's campus are deemed traditional public forums; and
32	32	(2) permit any person to engage in expressive
33	33	activities in those areas of the institution's campus freely, as
34	34	long as the person's conduct:
35	35	(A) is not unlawful; and
36	36	(B) does not materially and substantially
37	37	disrupt the functioning of the institution.
38	38	(d) Notwithstanding Subsection (c), an institution of
39	39	higher education by rule may maintain and enforce reasonable
40	40	restrictions on the time, place, and manner of expressive
41	41	activities in the common outdoor areas of the institution's campus
42	42	if those restrictions:
43	43	(1) are narrowly tailored to serve a significant
44	44	institutional interest;
45	45	(2) employ clear, published, content-neutral, and
46	46	viewpoint-neutral criteria;
47	47	(3) provide for ample alternative means of expression;
48	48	and
49	49	(4) allow members of the university community to
50	50	spontaneously and contemporaneously assemble or distribute written
51	51	material without a permit or other permission from the institution.
52	52	(e) Subsections (c) and (d) do not limit the right of
53	53	student expression at other campus locations.
54	54	(f) Each institution of higher education shall adopt a
55	55	policy that:
56	56	(1) encourages the free and open exchange of ideas,
57	57	including unpopular, controversial, or offensive ideas, in
58	58	classrooms and all other campus locations;
59	59	(2) prohibits punishing a student in any manner for
60	60	engaging in expressive activities protected by the First Amendment
61	61	to the United States Constitution or Section 8, Article I, Texas
62	62	Constitution;
63	63	(3) requires the institution to maintain an official
64	64	position of neutrality on issues of public controversy;
65	65	(4) prohibits any institution official or employee
66	66	from disinviting a speaker who has been requested to speak at the
67	67	institution by members of the university community; and
68	68	(5) establishes disciplinary sanctions for students
69	69	or employees who unduly interfere with the expressive activities of
70	70	others on campus.
71	71	(g) Each institution of higher education annually shall
72	72	provide to students enrolled at and employees of the institution a
73	73	copy of all policies adopted in accordance with this section.
74	74	(h) Not later than the first anniversary of the date that a
75	75	violation of this section is alleged to have occurred at an
76	76	institution of higher education, the attorney general or a person
77	77	whose expressive rights have been violated under this section may
78	78	bring an action for injunctive relief to compel the institution to
79	79	comply with this section or to recover compensatory damages and
80	80	reasonable court costs and attorney's fees. In an action for
81	81	damages brought under this subsection, if the court finds that an
82	82	institution of higher education has violated this section, the
83	83	court shall award the aggrieved person the greater of:
84	84	(1) the amount of the person's compensatory damages;
85	85	or
86	86	(2) $1,000.
87	87	(i) For purposes of computing the limitation period under
88	88	Subsection (h), each day of a continuing violation of this section,
89	89	including each day that a rule or policy of an institution of higher
90	90	education that violates this section remains in effect, constitutes
91	91	a separate violation.
92	92	(j) The governing board of each institution of higher
93	93	education or university system shall create a subcommittee of the
94	94	board to address free speech issues at the institution or
95	95	institutions governed by the board. Not later than September 1 of
96	96	each year, the subcommittee shall prepare and submit to the
97	97	governor, the members of the legislature, and the governing board a
98	98	report on free speech issues that arose at the institution or
99	99	institutions during the preceding academic year. The report must
100	100	include, for each institution governed by the board:
101	101	(1) a description of any barriers to or disruptions of
102	102	expressive activities at the institution;
103	103	(2) a summary of the institution's handling of free
104	104	speech issues, including any disciplinary action taken related to
105	105	the policies adopted under this section;
106	106	(3) an analysis of any substantial difficulties,
107	107	controversies, or successes in maintaining the institution's
108	108	official position of neutrality on issues of public controversy;
109	109	and
110	110	(4) any recommendations for legislative or other
111	111	action.
112	112	SECTION 2. Not later than September 1, 2019, the governing
113	113	board of each public institution of higher education or university
114	114	system shall create the subcommittee required under Section
115	115	51.9315(j), Education Code, as added by this Act. Each governing
116	116	board's subcommittee shall prepare and submit its initial report
117	117	required under that section not later than September 1, 2020.
118	118	SECTION 3. This Act takes effect September 1, 2019.