Texas 2019 - 86th Regular

Texas Senate Bill SB880 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10743 KJE-F
2	2	By: Hughes S.B. No. 880
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of expressive rights at public
8	8	institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
11	11	amended by adding Section 51.9315 to read as follows:
12	12	Sec. 51.9315. PROTECTION OF EXPRESSIVE RIGHTS. (a) In this
13	13	section:
14	14	(1) "Expressive rights" means the rights protected by
15	15	the First Amendment to the United States Constitution or by Section
16	16	8, Article I, Texas Constitution, including freedom of speech,
17	17	freedom of the press, freedom of association, and free exercise of
18	18	religion.
19	19	(2) "Institution of higher education" has the meaning
20	20	assigned by Section 61.003.
21	21	(3) "Student organization" includes any organization
22	22	that is composed mostly of students enrolled at an institution of
23	23	higher education and that is recognized by or registered with the
24	24	institution.
25	25	(b) An institution of higher education may not designate any
26	26	area on campus as a free speech zone or otherwise create policies
27	27	implying that its students' or employees' expressive rights are
28	28	restricted to particular areas of campus.
29	29	(c) Notwithstanding Subsection (b), an institution of
30	30	higher education may adopt a policy that imposes reasonable
31	31	restrictions on the time, place, and manner of the exercise of
32	32	expressive rights on the institution's campus if those
33	33	restrictions:
34	34	(1) are narrowly tailored to serve a significant
35	35	institutional interest;
36	36	(2) employ clear, published, content-neutral, and
37	37	viewpoint-neutral criteria; and
38	38	(3) provide for ample alternative means of expression.
39	39	(d) An institution of higher education shall permit a
40	40	student organization formed for the purpose of exercising
41	41	expressive rights to establish and maintain membership and
42	42	leadership qualifications for the organization that further the
43	43	organization's purpose, including by requiring the organization's
44	44	leaders or members to:
45	45	(1) adhere to or comply with the organization's:
46	46	(A) sincerely held beliefs; or
47	47	(B) sincere standards of conduct; or
48	48	(2) be committed to furthering the organization's
49	49	mission or purpose.
50	50	(e) Each institution of higher education shall adopt a
51	51	policy protecting the expressive rights of students enrolled at and
52	52	employees of the institution. The policy must:
53	53	(1) require the institution to provide written notice
54	54	to students and employees of a restriction adopted under Subsection
55	55	(c) at least 30 days before the date on which the restriction is
56	56	imposed, including by:
57	57	(A) posting the notice on the institution's
58	58	Internet website; and
59	59	(B) mailing or e-mailing the notice to each
60	60	student and employee;
61	61	(2) clearly define the purpose and scope of any
62	62	limited public forum established by the institution;
63	63	(3) prohibit punishing a student or employee in any
64	64	manner for exercising expressive rights;
65	65	(4) include a grievance procedure for addressing
66	66	complaints of a violation of this section;
67	67	(5) be approved by a majority vote of the institution's
68	68	governing board before final adoption; and
69	69	(6) be posted on the institution's Internet website
70	70	and annually distributed by mail or e-mail to students and
71	71	employees.
72	72	SECTION 2. This Act takes effect September 1, 2019.