86R727 KJE-D
By: Zedler H.B. No. 1373
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" include assemblies,
protests, speeches, the distribution of written material, the
carrying of signs, and the circulation of petitions. The term does
not include commercial speech.
(2) "Institution of higher education" and "university
system" have the meanings assigned by Section 61.003.
(b) It is the policy of this state to protect the expressive
rights of persons guaranteed by the constitutions of the United
States and of this state by ensuring that:
(1) all persons may assemble peaceably on the campuses
of institutions of higher education for expressive activities; and
(2) the expressive rights of persons on the campuses
of institutions of higher education are not unnecessarily
restricted or impeded by rules or policies adopted by the
institutions.
(c) An institution of higher education shall:
(1) ensure that the common outdoor areas of the
institution's campus are deemed traditional public forums; and
(2) permit any person to engage in expressive
activities in those areas of the institution's campus freely, as
long as the person's conduct:
(A) is not unlawful; and
(B) does not materially and substantially
disrupt the functioning of the institution.
(d) Notwithstanding Subsection (c), an institution of
higher education by rule may maintain and enforce reasonable
restrictions on the time, place, and manner of expressive
activities in the common outdoor areas of the institution's campus
if those restrictions:
(1) are narrowly tailored to serve a significant
institutional interest;
(2) employ clear, published, content-neutral, and
viewpoint-neutral criteria;
(3) provide for ample alternative means of expression;
and
(4) allow members of the university community to
spontaneously and contemporaneously assemble or distribute written
material without a permit or other permission from the institution.
(e) Subsections (c) and (d) do not limit the right of
student expression at other campus locations.
(f) Each institution of higher education shall adopt a
policy that:
(1) encourages the free and open exchange of ideas,
including unpopular, controversial, or offensive ideas, in
classrooms and all other campus locations;
(2) prohibits punishing a student in any manner for
engaging in expressive activities protected by the First Amendment
to the United States Constitution or Section 8, Article I, Texas
Constitution;
(3) requires the institution to maintain an official
position of neutrality on issues of public controversy;
(4) prohibits any institution official or employee
from disinviting a speaker who has been requested to speak at the
institution by members of the university community; and
(5) establishes disciplinary sanctions for students
or employees who unduly interfere with the expressive activities of
others on campus.
(g) Each institution of higher education annually shall
provide to students enrolled at and employees of the institution a
copy of all policies adopted in accordance with this section.
(h) Not later than the first anniversary of the date that a
violation of this section is alleged to have occurred at an
institution of higher education, the attorney general or a person
whose expressive rights have been violated under this section may
bring an action for injunctive relief to compel the institution to
comply with this section or to recover compensatory damages and
reasonable court costs and attorney's fees. In an action for
damages brought under this subsection, if the court finds that an
institution of higher education has violated this section, the
court shall award the aggrieved person the greater of:
(1) the amount of the person's compensatory damages;
or
(2) $1,000.
(i) For purposes of computing the limitation period under
Subsection (h), each day of a continuing violation of this section,
including each day that a rule or policy of an institution of higher
education that violates this section remains in effect, constitutes
a separate violation.
(j) The governing board of each institution of higher
education or university system shall create a subcommittee of the
board to address free speech issues at the institution or
institutions governed by the board. Not later than September 1 of
each year, the subcommittee shall prepare and submit to the
governor, the members of the legislature, and the governing board a
report on free speech issues that arose at the institution or
institutions during the preceding academic year. The report must
include, for each institution governed by the board:
(1) a description of any barriers to or disruptions of
expressive activities at the institution;
(2) a summary of the institution's handling of free
speech issues, including any disciplinary action taken related to
the policies adopted under this section;
(3) an analysis of any substantial difficulties,
controversies, or successes in maintaining the institution's
official position of neutrality on issues of public controversy;
and
(4) any recommendations for legislative or other
action.
SECTION 2. Not later than September 1, 2019, the governing
board of each public institution of higher education or university
system shall create the subcommittee required under Section
51.9315(j), Education Code, as added by this Act. Each governing
board's subcommittee shall prepare and submit its initial report
required under that section not later than September 1, 2020.
SECTION 3. This Act takes effect September 1, 2019.