Texas 2019 - 86th Regular

Texas Senate Bill SB18 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 18
	1	+	By: Huffman, et al. S.B. No. 18
	2	+	(Geren)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the protection of expressive activities at public
6	8		institutions of higher education.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. The legislature finds that:
9		-	(1) freedom of expression is of critical importance
10		-	and requires each public institution of higher education to ensure
11		-	free, robust, and uninhibited debate and deliberations by students
12		-	enrolled at the institution, regardless of whether the students are
13		-	on or off campus; and
14		-	(2) it is a matter of statewide concern that all public
15		-	institutions of higher education officially recognize freedom of
16		-	speech as a fundamental right.
17		-	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
	10	+	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
18	11		amended by adding Section 51.9315 to read as follows:
19	12		Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this
20	13		section:
21	14		(1) "Benefit" includes:
22	15		(A) recognition by or registration with an
23	16		institution of higher education;
24	17		(B) the use of an institution of higher
25	18		education's facilities for meetings or speaking purposes;
26	19		(C) the use of channels of communication
27	20		controlled by an institution of higher education; and
28	21		(D) funding sources made generally available to
29	22		student organizations at an institution of higher education.
30	23		(2) "Expressive activities" means any speech or
31	24		expressive conduct protected by the First Amendment to the United
32	25		States Constitution or by Section 8, Article I, Texas Constitution,
33	26		and includes assemblies, protests, speeches, the distribution of
34	27		written material, the carrying of signs, and the circulation of
35	28		petitions. The term does not include commercial speech.
36	29		(3) "Institution of higher education" has the meaning
37	30		assigned by Section 61.003.
38	31		(4) "Student organization" includes any organization
39	32		that is composed mostly of students enrolled at an institution of
40	33		higher education and that receives a benefit from the institution.
41		-	(b) It is the policy of this state ~~and~~ the ~~purpose of this~~
42		-	~~section to protect the expressive~~ rights of persons guaranteed by
43		-	~~the constitutions of the United~~ States and of this state by:
	34	+	(b) It is the policy of this state to protect the expressive
	35	+	rights of persons guaranteed by the constitutions of the United
	36	+	States and of this state by:
44	37		(1) recognizing freedom of speech and assembly as
45	38		central to the mission of institutions of higher education; and
46	39		(2) ensuring that all persons may assemble peaceably
47	40		on the campuses of institutions of higher education for expressive
48		-	activities, including to listen to or observe the expressive
49		-	activities of others.
	41	+	activities, including to listen to the speech of others.
50	42		(c) An institution of higher education shall:
51	43		(1) ensure that the common outdoor areas of the
52	44		institution's campus are deemed traditional public forums; and
53	45		(2) permit any person to engage in expressive
54	46		activities in those areas of the institution's campus freely, as
55	47		long as the person's conduct:
56	48		(A) is not unlawful; and
57	49		(B) does not materially and substantially
58	50		disrupt the functioning of the institution.
59	51		(d) Notwithstanding Subsection (c), an institution of
60	52		higher education may adopt a policy that imposes reasonable
61	53		restrictions on the time, place, and manner of expressive
62	54		activities in the common outdoor areas of the institution's campus
63	55		if those restrictions:
64	56		(1) are narrowly tailored to serve a significant
65	57		institutional interest;
66	58		(2) employ clear, published, content-neutral, and
67	59		viewpoint-neutral criteria;
68	60		(3) provide for ample alternative means of expression;
69	61		and
70	62		(4) allow members of the university community to
71	63		assemble or distribute written material without a permit or other
72	64		permission from the institution.
73		-	(e) Subsections (c) and (d) do not:
74		-	(1) limit the right of student expression at other
75		-	campus locations; or
76		-	(2) prohibit faculty members from maintaining order in
77		-	the classroom.
	65	+	(e) Subsections (c) and (d) do not limit the right of
	66	+	student expression at other campus locations.
78	67		(f) Each institution of higher education shall adopt a
79	68		policy detailing students' rights and responsibilities regarding
80	69		expressive activities at the institution. The policy must:
81	70		(1) allow:
82	71		(A) any person to, subject to reasonable
83	72		restrictions adopted under Subsection (d), engage in expressive
84	73		activities on campus, including by responding to the expressive
85	74		activities of others; and
86	75		(B) student organizations and faculty to,
87	76		subject to Subsection (h), invite speakers to speak on campus;
88	77		(2) establish disciplinary sanctions for students,
89	78		student organizations, or faculty who unduly interfere with the
90	79		expressive activities of others on campus;
91	80		(3) include a grievance procedure for addressing
92	81		complaints of a violation of this section;
93	82		(4) be approved by a majority vote of the institution's
94	83		governing board before final adoption; and
95	84		(5) be posted on the institution's Internet website.
96	85		(g) An institution of higher education may not take action
97	86		against a student organization or deny the organization any benefit
98	87		generally available to other student organizations at the
99	88		institution on the basis of a political, religious, philosophical,
100	89		ideological, or academic viewpoint expressed by the organization or
101	90		of any expressive activities of the organization.
102	91		(h) In determining whether to approve a speaker to speak on
103	92		campus or in determining the amount of a fee to be charged for use of
104	93		the institution's facilities for purposes of engaging in expressive
105	94		activities, an institution of higher education:
106	95		(1) may consider only content-neutral and
107	96		viewpoint-neutral criteria related to the needs of the event, such
108	97		as:
109	98		(A) the proposed venue and the expected size of
110	99		the audience;
111	100		(B) any anticipated need for campus security;
112	101		(C) any necessary accommodations; and
113	102		(D) any relevant history of compliance or
114	103		noncompliance by the requesting student organization or faculty
115	104		member with the institution's policy adopted under Subsection (f)
116	105		and any other relevant policies; and
117	106		(2) may not consider any anticipated controversy
118	107		related to the event.
119	108		(i) Each institution of higher education shall make the
120	109		institution's policies adopted in accordance with this section
121	110		available to students enrolled at and employees of the institution
122	111		by:
123	112		(1) including the policies in the institution's
124	113		student handbook and personnel handbook;
125	114		(2) providing a copy of each policy to students during
126	115		the institution's freshman or transfer student orientation; and
127	116		(3) posting the policies on the institution's Internet
128	117		website.
129	118		(j) Each institution of higher education shall develop
130	119		materials, programs, and procedures to ensure that the
131	120		institution's employees responsible for educating or disciplining
132	121		students understand the requirements of this section and all
133	122		policies adopted by the institution in accordance with this
134	123		section.
135	124		(k) Not later than December 1, 2020, each institution of
136	125		higher education shall prepare, post on the institution's Internet
137	126		website, and submit to the governor and the members of the
138	127		legislature a report regarding the institution's implementation of
139	128		the requirements under this section. This subsection expires
140	129		September 1, 2021.
141		-	SECTION 3. Not later than August 1, 2020, each public
	130	+	SECTION 2. Not later than August 1, 2020, each public
142	131		institution of higher education shall adopt the policy required
143	132		under Section 51.9315(f), Education Code, as added by this Act.
144		-	SECTION 4. This Act takes effect September 1, 2019.
145		-	______________________________ ______________________________
146		-	President of the Senate Speaker of the House
147		-	I hereby certify that S.B. No. 18 passed the Senate on
148		-	March 20, 2019, by the following vote: Yeas 31, Nays 0;
149		-	May 20, 2019, Senate refused to concur in House amendments and
150		-	requested appointment of Conference Committee; May 22, 2019, House
151		-	granted request of the Senate; May 25, 2019, Senate adopted
152		-	Conference Committee Report by the following vote: Yeas 29,
153		-	Nays 1.
154		-	______________________________
155		-	Secretary of the Senate
156		-	I hereby certify that S.B. No. 18 passed the House, with
157		-	amendments, on May 17, 2019, by the following vote: Yeas 97,
158		-	Nays 49, one present not voting; May 22, 2019, House granted
159		-	request of the Senate for appointment of Conference Committee;
160		-	May 25, 2019, House adopted Conference Committee Report by the
161		-	following vote: Yeas 106, Nays 37, one present not voting.
162		-	______________________________
163		-	Chief Clerk of the House
164		-	Approved:
165		-	______________________________
166		-	Date
167		-	______________________________
168		-	Governor
	133	+	SECTION 3. This Act takes effect September 1, 2019.