| 1 | 1 | | 86R4757 KJE-D |
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| 2 | 2 | | By: Watson S.B. No. 447 |
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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) "Expressive activities" means any speech or |
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| 15 | 15 | | expressive conduct protected by the First Amendment to the United |
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| 16 | 16 | | States Constitution or Section 8, Article I, Texas Constitution, |
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| 17 | 17 | | and includes assemblies, protests, speeches, the distribution of |
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| 18 | 18 | | written material, the carrying of signs, and the circulation of |
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| 19 | 19 | | petitions. |
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| 20 | 20 | | (2) "Institution of higher education" has the meaning |
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| 21 | 21 | | assigned by Section 61.003. |
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| 22 | 22 | | (b) An institution of higher education may not: |
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| 23 | 23 | | (1) designate any area on campus as a free speech zone |
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| 24 | 24 | | or otherwise create policies implying that its students' expressive |
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| 25 | 25 | | activities are restricted to particular areas of campus; or |
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| 26 | 26 | | (2) restrict the right of students to engage in |
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| 27 | 27 | | expression in a traditional public forum. |
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| 28 | 28 | | (c) Notwithstanding Subsection (b), an institution of |
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| 29 | 29 | | higher education may adopt a policy that imposes reasonable |
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| 30 | 30 | | restrictions on the time, place, and manner of expressive |
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| 31 | 31 | | activities in the common outdoor areas of the institution's campus |
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| 32 | 32 | | if those restrictions: |
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| 33 | 33 | | (1) are narrowly tailored to serve a significant |
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| 34 | 34 | | institutional interest; |
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| 35 | 35 | | (2) employ clear, published, content-neutral, and |
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| 36 | 36 | | viewpoint-neutral criteria; and |
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| 37 | 37 | | (3) provide for ample alternative means of expression. |
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| 38 | 38 | | (d) Each institution of higher education shall adopt a |
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| 39 | 39 | | policy that: |
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| 40 | 40 | | (1) prohibits preventing a student from engaging in |
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| 41 | 41 | | expressive activities because of the content or message of the |
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| 42 | 42 | | expressive activities; |
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| 43 | 43 | | (2) prohibits any institution official or employee |
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| 44 | 44 | | from preventing or disinviting a speaker from speaking at the |
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| 45 | 45 | | institution for any reason other than a reasonable concern |
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| 46 | 46 | | regarding a legitimate risk to campus safety; and |
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| 47 | 47 | | (3) establishes disciplinary sanctions for students |
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| 48 | 48 | | or employees who persist in unduly interfering with the expressive |
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| 49 | 49 | | activities of others on campus after being asked by an institution |
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| 50 | 50 | | official or employee to stop the interference. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2019. |
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