By: Tepper H.B. No. 1006
A BILL TO BE ENTITLED
AN ACT
relating to protected expression, intellectual freedom, and
viewpoint diversity at public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.354, Education Code, is amended to
read as follows:
Sec. 51.354. INSTITUTIONAL RESPONSIBILITY. In addition to
specific responsibilities imposed by this code or other law, each
institution of higher education has the general responsibility to
[serve the public and, within the institution's role and mission,
to]:
(1) permit the diffusion of [transmit] culture through
general education;
(2) facilitate the discovery, improvement, and
dissemination of [extend] knowledge;
(3) teach and train students for professions;
(4) provide for scientific, engineering, medical, and
other academic research;
(5) protect intellectual exploration and academic
freedom;
(6) strive for intellectual excellence;
(7) provide educational opportunity through [for all
who can benefit from] postsecondary education and training; [and]
(8) provide continuing education opportunities;
(9) foster a diversity of viewpoints; and
(10) maintain political, social, and cultural
neutrality.
SECTION 2. Section 51.9315(a)(2), Education Code, is
amended to read as follows:
(2) "Expressive activities" means any speech or
expressive conduct protected by the First Amendment to the United
States Constitution or by Section 8, Article I, Texas Constitution,
and includes assemblies, protests, speeches, the distribution of
written material, the carrying of signs, [and] the circulation of
petitions, and published or unpublished faculty research,
lectures, writings, and commentary. The term does not include
commercial speech.
SECTION 3. Section 51.9315, Education Code, is amended by
amending Subsection (f) and adding Subsection (k) to read as
follows:
(f) Each institution of higher education shall adopt a
policy detailing students' rights and responsibilities regarding
expressive activities at the institution. The policy must:
(1) demonstrate a commitment to intellectual freedom
and viewpoint diversity;
(2) prohibit:
(A) the funding, promotion, sponsorship, or
support of:
(i) any office of diversity, equity, and
inclusion; and
(ii) any office that funds, promotes,
sponsors, or supports an initiative or formulation of diversity,
equity, and inclusion beyond what is necessary to uphold the equal
protection of the laws under the Fourteenth Amendment to the United
States Constitution; and
(B) the endorsement or dissuasion of, or
interference with, any lifestyle, race, sex, religion, or culture.
(3) allow:
(A) any person to, subject to reasonable
restrictions adopted under Subsection (d), engage in expressive
activities on campus, including by responding to the expressive
activities of others; and
(B) student organizations and faculty to,
subject to Subsection (h), invite speakers to speak on campus;
(4) [(2)] establish disciplinary sanctions for
students, student organizations, or faculty who unduly interfere
with the expressive activities of others on campus;
(5) [(3)] include a grievance procedure for
addressing complaints of a violation of this section;
(6) [(4)] be approved by a majority vote of the
institution's governing board before final adoption; and
(7) [(5)] be posted on the institution's Internet
website.
(k) A person may bring an action for injunctive relief
against an institution of higher education to compel the
institution to comply with this section. If the person prevails in
the action, the court shall award reasonable attorney's fees and
court costs to the person. The institution shall pay the fees and
costs from the budget of the office of the chief executive officer
of the institution or the institution's system, as applicable.
SECTION 4. This Act takes effect September 1, 2023.