| 1 | 1 | | By: Tepper H.B. No. 1006 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to protected expression, intellectual freedom, and |
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| 7 | 7 | | viewpoint diversity at public institutions of higher education. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 51.354, Education Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 51.354. INSTITUTIONAL RESPONSIBILITY. In addition to |
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| 12 | 12 | | specific responsibilities imposed by this code or other law, each |
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| 13 | 13 | | institution of higher education has the general responsibility to |
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| 14 | 14 | | [serve the public and, within the institution's role and mission, |
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| 15 | 15 | | to]: |
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| 16 | 16 | | (1) permit the diffusion of [transmit] culture through |
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| 17 | 17 | | general education; |
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| 18 | 18 | | (2) facilitate the discovery, improvement, and |
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| 19 | 19 | | dissemination of [extend] knowledge; |
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| 20 | 20 | | (3) teach and train students for professions; |
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| 21 | 21 | | (4) provide for scientific, engineering, medical, and |
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| 22 | 22 | | other academic research; |
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| 23 | 23 | | (5) protect intellectual exploration and academic |
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| 24 | 24 | | freedom; |
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| 25 | 25 | | (6) strive for intellectual excellence; |
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| 26 | 26 | | (7) provide educational opportunity through [for all |
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| 27 | 27 | | who can benefit from] postsecondary education and training; [and] |
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| 28 | 28 | | (8) provide continuing education opportunities; |
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| 29 | 29 | | (9) foster a diversity of viewpoints; and |
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| 30 | 30 | | (10) maintain political, social, and cultural |
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| 31 | 31 | | neutrality. |
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| 32 | 32 | | SECTION 2. Section 51.9315(a)(2), Education Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | (2) "Expressive activities" means any speech or |
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| 35 | 35 | | expressive conduct protected by the First Amendment to the United |
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| 36 | 36 | | States Constitution or by Section 8, Article I, Texas Constitution, |
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| 37 | 37 | | and includes assemblies, protests, speeches, the distribution of |
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| 38 | 38 | | written material, the carrying of signs, [and] the circulation of |
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| 39 | 39 | | petitions, and published or unpublished faculty research, |
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| 40 | 40 | | lectures, writings, and commentary. The term does not include |
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| 41 | 41 | | commercial speech. |
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| 42 | 42 | | SECTION 3. Section 51.9315, Education Code, is amended by |
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| 43 | 43 | | amending Subsection (f) and adding Subsection (k) to read as |
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| 44 | 44 | | follows: |
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| 45 | 45 | | (f) Each institution of higher education shall adopt a |
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| 46 | 46 | | policy detailing students' rights and responsibilities regarding |
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| 47 | 47 | | expressive activities at the institution. The policy must: |
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| 48 | 48 | | (1) demonstrate a commitment to intellectual freedom |
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| 49 | 49 | | and viewpoint diversity; |
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| 50 | 50 | | (2) prohibit: |
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| 51 | 51 | | (A) the funding, promotion, sponsorship, or |
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| 52 | 52 | | support of: |
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| 53 | 53 | | (i) any office of diversity, equity, and |
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| 54 | 54 | | inclusion; and |
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| 55 | 55 | | (ii) any office that funds, promotes, |
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| 56 | 56 | | sponsors, or supports an initiative or formulation of diversity, |
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| 57 | 57 | | equity, and inclusion beyond what is necessary to uphold the equal |
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| 58 | 58 | | protection of the laws under the Fourteenth Amendment to the United |
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| 59 | 59 | | States Constitution; and |
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| 60 | 60 | | (B) the endorsement or dissuasion of, or |
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| 61 | 61 | | interference with, any lifestyle, race, sex, religion, or culture. |
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| 62 | 62 | | (3) allow: |
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| 63 | 63 | | (A) any person to, subject to reasonable |
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| 64 | 64 | | restrictions adopted under Subsection (d), engage in expressive |
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| 65 | 65 | | activities on campus, including by responding to the expressive |
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| 66 | 66 | | activities of others; and |
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| 67 | 67 | | (B) student organizations and faculty to, |
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| 68 | 68 | | subject to Subsection (h), invite speakers to speak on campus; |
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| 69 | 69 | | (4) [(2)] establish disciplinary sanctions for |
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| 70 | 70 | | students, student organizations, or faculty who unduly interfere |
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| 71 | 71 | | with the expressive activities of others on campus; |
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| 72 | 72 | | (5) [(3)] include a grievance procedure for |
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| 73 | 73 | | addressing complaints of a violation of this section; |
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| 74 | 74 | | (6) [(4)] be approved by a majority vote of the |
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| 75 | 75 | | institution's governing board before final adoption; and |
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| 76 | 76 | | (7) [(5)] be posted on the institution's Internet |
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| 77 | 77 | | website. |
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| 78 | 78 | | (k) A person may bring an action for injunctive relief |
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| 79 | 79 | | against an institution of higher education to compel the |
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| 80 | 80 | | institution to comply with this section. If the person prevails in |
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| 81 | 81 | | the action, the court shall award reasonable attorney's fees and |
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| 82 | 82 | | court costs to the person. The institution shall pay the fees and |
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| 83 | 83 | | costs from the budget of the office of the chief executive officer |
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| 84 | 84 | | of the institution or the institution's system, as applicable. |
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| 85 | 85 | | SECTION 4. This Act takes effect September 1, 2023. |
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