1 | 1 | | 88R13291 KJE-F |
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2 | 2 | | By: Bucy H.B. No. 3471 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the general responsibility of public institutions of |
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8 | 8 | | higher education and to protected expression and academic freedom |
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9 | 9 | | at those institutions. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 51.354, Education Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | Sec. 51.354. INSTITUTIONAL RESPONSIBILITY. In addition to |
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14 | 14 | | specific responsibilities imposed by this code or other law, each |
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15 | 15 | | institution of higher education has the general responsibility to |
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16 | 16 | | serve all members of the public regardless of social background |
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17 | 17 | | and, within the institution's role and mission, to: |
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18 | 18 | | (1) transmit diverse perspectives, knowledge, and |
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19 | 19 | | culture through general education; |
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20 | 20 | | (2) extend knowledge and promote critical thinking; |
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21 | 21 | | (3) teach and train students for 21st century |
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22 | 22 | | professions; |
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23 | 23 | | (4) provide for scientific, engineering, medical, |
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24 | 24 | | social science, and other academic research; |
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25 | 25 | | (5) protect intellectual exploration and academic |
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26 | 26 | | freedom for students and faculty; |
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27 | 27 | | (6) strive for intellectual excellence; |
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28 | 28 | | (7) provide educational opportunity for all, with |
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29 | 29 | | special attention to traditionally underserved and marginalized |
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30 | 30 | | populations who would most [can] benefit from opportunities |
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31 | 31 | | provided by postsecondary education and training; and |
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32 | 32 | | (8) provide continuing education opportunities for a |
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33 | 33 | | diverse array of populations. |
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34 | 34 | | SECTION 2. Section 51.9315(f), Education Code, is amended |
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35 | 35 | | to read as follows: |
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36 | 36 | | (f) Each institution of higher education shall adopt a |
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37 | 37 | | policy detailing students' rights and responsibilities regarding |
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38 | 38 | | expressive activities at the institution. The policy must: |
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39 | 39 | | (1) protect a person's or student organization's right |
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40 | 40 | | to uphold and promote ideals related to diversity, equity, and |
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41 | 41 | | inclusion; |
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42 | 42 | | (2) allow: |
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43 | 43 | | (A) any person to, subject to reasonable |
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44 | 44 | | restrictions adopted under Subsection (d), engage in expressive |
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45 | 45 | | activities on campus, including by responding to the expressive |
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46 | 46 | | activities of others; and |
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47 | 47 | | (B) student organizations and faculty to, |
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48 | 48 | | subject to Subsection (h), invite speakers to speak on campus; |
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49 | 49 | | (3) [(2)] establish disciplinary sanctions for |
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50 | 50 | | students, student organizations, or faculty who unduly interfere |
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51 | 51 | | with the expressive activities of others on campus; |
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52 | 52 | | (4) [(3)] include a grievance procedure for |
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53 | 53 | | addressing complaints of a violation of this section; |
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54 | 54 | | (5) [(4)] be approved by a majority vote of the |
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55 | 55 | | institution's governing board before final adoption; and |
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56 | 56 | | (6) [(5)] be posted on the institution's Internet |
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57 | 57 | | website. |
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58 | 58 | | SECTION 3. Section 51.942, Education Code, is amended by |
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59 | 59 | | adding Subsection (c-2) to read as follows: |
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60 | 60 | | (c-2) For purposes of Subsection (c)(5), a faculty member's |
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61 | 61 | | exercise of the right of free speech or use of diverse instructional |
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62 | 62 | | materials may not be considered to be incompetency, neglect of |
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63 | 63 | | duty, or other good cause for disciplinary action. |
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64 | 64 | | SECTION 4. This Act takes effect September 1, 2023. |
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