86R11277 KJE-D
By: Creighton S.B. No. 2325
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) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Expressive activities" means any speech or
expressive conduct protected by the First Amendment to the United
States Constitution or Section 8, Article I, Texas Constitution.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) 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;
(2) requires the institution to maintain an official
position of neutrality on issues of public controversy;
(3) prohibits preventing a student from engaging in
expressive activities because of the content or message of the
expressive activities;
(4) prohibits any institution official or employee
from disinviting a speaker who has been requested to speak at the
institution by a member of the university community from speaking
at the institution for any reason other than a reasonable concern
regarding a legitimate risk to campus safety; and
(5) establishes disciplinary sanctions for students
or employees who persist in unduly interfering with the expressive
activities of others on campus after being asked by an institution
official or employee to stop the interference.
(c) An institution of higher education may not:
(1) designate any area on campus as a free speech zone
or otherwise create policies implying that its students' expressive
activities are restricted to particular areas of campus;
(2) in determining whether to recognize or register a
student organization, consider the number of students seeking to
create the organization; or
(3) require a student organization recognized by or
registered with the institution to accept all students seeking to
join the organization.
(d) An institution of higher education may adopt a statement
of community values for students enrolled at the institution, so
long as the statement is aspirational and does not subject a student
to punishment based on the student's viewpoint.
(e) Not later than September 1 of each even-numbered year,
each institution of higher education shall submit to the
coordinating board a report on free speech issues that arose at the
institution during the two preceding academic years. The report
must include:
(1) a summary of the institution's handling of free
speech issues, including any disciplinary action taken related to
the policies adopted under this section; and
(2) an analysis of any substantial difficulties,
controversies, or successes in maintaining the institution's
official position of neutrality on issues of public controversy.
(f) Not later than December 1 of each even-numbered year,
the coordinating board shall submit to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing legislative committees with primary jurisdiction over
higher education a report on the information reported to the
coordinating board under Subsection (e) and any recommendations for
legislative or other action.
SECTION 2. Not later than September 1, 2020, each public
institution of higher education shall submit its initial report
required under Section 51.9315(e), Education Code, as added by this
Act.
SECTION 3. Not later than December 1, 2020, the Texas Higher
Education Coordinating Board shall submit its initial report
required under Section 51.9315(f), Education Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2019.