| 1 | 1 | | 86R11277 KJE-D |
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| 2 | 2 | | By: Creighton S.B. No. 2325 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the protection of expressive activities at public |
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| 8 | 8 | | institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 11 | 11 | | amended by adding Section 51.9315 to read as follows: |
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| 12 | 12 | | Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Coordinating board" means the Texas Higher |
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| 15 | 15 | | Education Coordinating Board. |
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| 16 | 16 | | (2) "Expressive activities" means any speech or |
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| 17 | 17 | | expressive conduct protected by the First Amendment to the United |
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| 18 | 18 | | States Constitution or Section 8, Article I, Texas Constitution. |
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| 19 | 19 | | (3) "Institution of higher education" has the meaning |
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| 20 | 20 | | assigned by Section 61.003. |
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| 21 | 21 | | (b) Each institution of higher education shall adopt a |
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| 22 | 22 | | policy that: |
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| 23 | 23 | | (1) encourages the free and open exchange of ideas, |
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| 24 | 24 | | including unpopular, controversial, or offensive ideas; |
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| 25 | 25 | | (2) requires the institution to maintain an official |
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| 26 | 26 | | position of neutrality on issues of public controversy; |
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| 27 | 27 | | (3) prohibits preventing a student from engaging in |
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| 28 | 28 | | expressive activities because of the content or message of the |
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| 29 | 29 | | expressive activities; |
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| 30 | 30 | | (4) prohibits any institution official or employee |
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| 31 | 31 | | from disinviting a speaker who has been requested to speak at the |
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| 32 | 32 | | institution by a member of the university community from speaking |
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| 33 | 33 | | at the institution for any reason other than a reasonable concern |
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| 34 | 34 | | regarding a legitimate risk to campus safety; and |
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| 35 | 35 | | (5) establishes disciplinary sanctions for students |
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| 36 | 36 | | or employees who persist in unduly interfering with the expressive |
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| 37 | 37 | | activities of others on campus after being asked by an institution |
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| 38 | 38 | | official or employee to stop the interference. |
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| 39 | 39 | | (c) An institution of higher education may not: |
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| 40 | 40 | | (1) designate any area on campus as a free speech zone |
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| 41 | 41 | | or otherwise create policies implying that its students' expressive |
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| 42 | 42 | | activities are restricted to particular areas of campus; |
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| 43 | 43 | | (2) in determining whether to recognize or register a |
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| 44 | 44 | | student organization, consider the number of students seeking to |
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| 45 | 45 | | create the organization; or |
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| 46 | 46 | | (3) require a student organization recognized by or |
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| 47 | 47 | | registered with the institution to accept all students seeking to |
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| 48 | 48 | | join the organization. |
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| 49 | 49 | | (d) An institution of higher education may adopt a statement |
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| 50 | 50 | | of community values for students enrolled at the institution, so |
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| 51 | 51 | | long as the statement is aspirational and does not subject a student |
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| 52 | 52 | | to punishment based on the student's viewpoint. |
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| 53 | 53 | | (e) Not later than September 1 of each even-numbered year, |
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| 54 | 54 | | each institution of higher education shall submit to the |
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| 55 | 55 | | coordinating board a report on free speech issues that arose at the |
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| 56 | 56 | | institution during the two preceding academic years. The report |
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| 57 | 57 | | must include: |
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| 58 | 58 | | (1) a summary of the institution's handling of free |
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| 59 | 59 | | speech issues, including any disciplinary action taken related to |
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| 60 | 60 | | the policies adopted under this section; and |
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| 61 | 61 | | (2) an analysis of any substantial difficulties, |
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| 62 | 62 | | controversies, or successes in maintaining the institution's |
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| 63 | 63 | | official position of neutrality on issues of public controversy. |
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| 64 | 64 | | (f) Not later than December 1 of each even-numbered year, |
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| 65 | 65 | | the coordinating board shall submit to the governor, the lieutenant |
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| 66 | 66 | | governor, the speaker of the house of representatives, and the |
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| 67 | 67 | | standing legislative committees with primary jurisdiction over |
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| 68 | 68 | | higher education a report on the information reported to the |
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| 69 | 69 | | coordinating board under Subsection (e) and any recommendations for |
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| 70 | 70 | | legislative or other action. |
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| 71 | 71 | | SECTION 2. Not later than September 1, 2020, each public |
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| 72 | 72 | | institution of higher education shall submit its initial report |
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| 73 | 73 | | required under Section 51.9315(e), Education Code, as added by this |
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| 74 | 74 | | Act. |
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| 75 | 75 | | SECTION 3. Not later than December 1, 2020, the Texas Higher |
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| 76 | 76 | | Education Coordinating Board shall submit its initial report |
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| 77 | 77 | | required under Section 51.9315(f), Education Code, as added by this |
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| 78 | 78 | | Act. |
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| 79 | 79 | | SECTION 4. This Act takes effect September 1, 2019. |
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