| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to the protection of expressive rights of student |
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| 12 | 7 | | organizations at public institutions of higher education. |
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| 13 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 9 | | SECTION 1. Section 51.9315, Education Code, is amended by |
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| 15 | 10 | | amending Subsection (a) and adding Subsection (g-1) to read as |
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| 16 | 11 | | follows: |
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| 17 | 12 | | Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this |
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| 18 | 13 | | section: |
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| 19 | 14 | | (1) "Benefit" includes: |
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| 20 | 15 | | (A) recognition by or registration with an |
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| 21 | 16 | | institution of higher education; |
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| 22 | 17 | | (B) the use of an institution of higher |
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| 23 | 18 | | education's facilities for meetings or speaking purposes; |
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| 24 | 19 | | (C) the use of channels of communication |
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| 25 | 20 | | controlled by an institution of higher education; and |
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| 26 | 21 | | (D) funding sources made generally available to |
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| 27 | 22 | | student organizations at an institution of higher education. |
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| 28 | 23 | | (2) "Expressive activities" means any speech or |
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| 29 | 24 | | expressive conduct protected by the First Amendment to the United |
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| 30 | 25 | | States Constitution or by Section 8, Article I, Texas Constitution, |
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| 31 | 26 | | and includes assemblies, protests, speeches, the distribution of |
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| 32 | 27 | | written material, the carrying of signs, and the circulation of |
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| 33 | 28 | | petitions. The term does not include commercial speech. |
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| 34 | 29 | | (3) "Expressive rights" means the rights protected by |
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| 35 | 30 | | the First Amendment to the United States Constitution or by Section |
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| 36 | 31 | | 8, Article I, Texas Constitution, including freedom of speech, |
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| 37 | 32 | | freedom of the press, freedom of association, and free exercise of |
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| 38 | 33 | | religion. |
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| 39 | 34 | | (4) [(3)] "Institution of higher education" has the |
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| 40 | 35 | | meaning assigned by Section 61.003. |
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| 41 | 36 | | (5) [(4)] "Student organization" includes any |
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| 42 | 37 | | organization that is composed mostly of students enrolled at an |
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| 43 | 38 | | institution of higher education and that receives a benefit from |
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| 44 | 39 | | the institution. |
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| 45 | 40 | | (g-1) An institution of higher education shall permit a |
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| 46 | 41 | | student organization formed for the purpose of exercising |
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| 47 | 42 | | expressive rights to establish and maintain membership and |
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| 48 | 43 | | leadership qualifications for the organization that further the |
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| 49 | 44 | | organization's purpose, including by requiring the organization's |
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| 50 | 45 | | leaders or members to: |
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| 51 | 46 | | (1) adhere to or comply with the organization's: |
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| 52 | 47 | | (A) sincerely held beliefs; or |
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| 53 | 48 | | (B) sincere standards of conduct; or |
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| 54 | 49 | | (2) be committed to furthering the organization's |
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| 55 | 50 | | mission or purpose. |
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| 56 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 57 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 55 | | Act takes effect September 1, 2021. |
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