86R10743 KJE-F
By: Hughes S.B. No. 880
A BILL TO BE ENTITLED
AN ACT
relating to the protection of expressive rights 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. PROTECTION OF EXPRESSIVE RIGHTS. (a) In this
section:
(1) "Expressive rights" means the rights protected by
the First Amendment to the United States Constitution or by Section
8, Article I, Texas Constitution, including freedom of speech,
freedom of the press, freedom of association, and free exercise of
religion.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(3) "Student organization" includes any organization
that is composed mostly of students enrolled at an institution of
higher education and that is recognized by or registered with the
institution.
(b) An institution of higher education may not designate any
area on campus as a free speech zone or otherwise create policies
implying that its students' or employees' expressive rights are
restricted to particular areas of campus.
(c) Notwithstanding Subsection (b), an institution of
higher education may adopt a policy that imposes reasonable
restrictions on the time, place, and manner of the exercise of
expressive rights on the institution's campus if those
restrictions:
(1) are narrowly tailored to serve a significant
institutional interest;
(2) employ clear, published, content-neutral, and
viewpoint-neutral criteria; and
(3) provide for ample alternative means of expression.
(d) An institution of higher education shall permit a
student organization formed for the purpose of exercising
expressive rights to establish and maintain membership and
leadership qualifications for the organization that further the
organization's purpose, including by requiring the organization's
leaders or members to:
(1) adhere to or comply with the organization's:
(A) sincerely held beliefs; or
(B) sincere standards of conduct; or
(2) be committed to furthering the organization's
mission or purpose.
(e) Each institution of higher education shall adopt a
policy protecting the expressive rights of students enrolled at and
employees of the institution. The policy must:
(1) require the institution to provide written notice
to students and employees of a restriction adopted under Subsection
(c) at least 30 days before the date on which the restriction is
imposed, including by:
(A) posting the notice on the institution's
Internet website; and
(B) mailing or e-mailing the notice to each
student and employee;
(2) clearly define the purpose and scope of any
limited public forum established by the institution;
(3) prohibit punishing a student or employee in any
manner for exercising expressive rights;
(4) include a grievance procedure for addressing
complaints of a violation of this section;
(5) be approved by a majority vote of the institution's
governing board before final adoption; and
(6) be posted on the institution's Internet website
and annually distributed by mail or e-mail to students and
employees.
SECTION 2. This Act takes effect September 1, 2019.