86R13439 KJE-F
By: Hughes S.B. No. 1982
A BILL TO BE ENTITLED
AN ACT
relating to speech protections for student journalism 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 51.9316 to read as follows:
Sec. 51.9316. STUDENT JOURNALISM. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Protected speech" means speech protected by the
First Amendment to the United States Constitution or by Section 8,
Article I, Texas Constitution.
(3) "Student publication" means any material that is
primarily prepared, written, published, or broadcast by students
enrolled at an institution of higher education and is:
(A) distributed or generally made available to
students enrolled at the institution; and
(B) prepared under the direction of a journalism
or student publication advisor employed by the institution.
(b) A student enrolled at an institution of higher education
is entitled to exercise freedom of speech and freedom of the press
in producing any student publication, including by determining the
content of the publication so long as the content constitutes
protected speech, regardless of whether the publication is produced
using the institution's money, equipment, or facilities or in
conjunction with any course in which the student is enrolled at the
institution.
(c) Subsection (b) may not be construed to prohibit a
journalism or student publication advisor employed by an
institution of higher education from teaching professional
standards of English and journalism to students enrolled at the
institution.
(d) A journalism or student publication advisor employed by
an institution of higher education may not be subjected to
disciplinary action or any other form of punishment or retaliation
for acting to protect or refusing to infringe on a student's rights
as provided by this section.
(e) The content of a student publication may not be
construed as the policy or position of the institution of higher
education at which the publication is produced.
(f) An institution of higher education or an employee of the
institution is not liable in any civil or criminal action for the
content of a student publication produced at the institution unless
the institution or employee acted with wilful or wanton misconduct
in permitting the publication to be produced.
SECTION 2. This Act applies beginning with the 2019-2020
academic year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.