88R13291 KJE-F
By: Bucy H.B. No. 3471
A BILL TO BE ENTITLED
AN ACT
relating to the general responsibility of public institutions of
higher education and to protected expression and academic freedom
at those institutions.
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 all members of the public regardless of social background
and, within the institution's role and mission, to:
(1) transmit diverse perspectives, knowledge, and
culture through general education;
(2) extend knowledge and promote critical thinking;
(3) teach and train students for 21st century
professions;
(4) provide for scientific, engineering, medical,
social science, and other academic research;
(5) protect intellectual exploration and academic
freedom for students and faculty;
(6) strive for intellectual excellence;
(7) provide educational opportunity for all, with
special attention to traditionally underserved and marginalized
populations who would most [can] benefit from opportunities
provided by postsecondary education and training; and
(8) provide continuing education opportunities for a
diverse array of populations.
SECTION 2. Section 51.9315(f), Education Code, is amended
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) protect a person's or student organization's right
to uphold and promote ideals related to diversity, equity, and
inclusion;
(2) 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;
(3) [(2)] establish disciplinary sanctions for
students, student organizations, or faculty who unduly interfere
with the expressive activities of others on campus;
(4) [(3)] include a grievance procedure for
addressing complaints of a violation of this section;
(5) [(4)] be approved by a majority vote of the
institution's governing board before final adoption; and
(6) [(5)] be posted on the institution's Internet
website.
SECTION 3. Section 51.942, Education Code, is amended by
adding Subsection (c-2) to read as follows:
(c-2) For purposes of Subsection (c)(5), a faculty member's
exercise of the right of free speech or use of diverse instructional
materials may not be considered to be incompetency, neglect of
duty, or other good cause for disciplinary action.
SECTION 4. This Act takes effect September 1, 2023.