| 1 | 1 | | By: Hughes, et al. S.B. No. 16 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the purpose of public institutions of higher education |
|---|
| 7 | 7 | | and a prohibition on compelling students enrolled at those |
|---|
| 8 | 8 | | institutions to adopt certain beliefs. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subtitle A, Title 3, Education Code, is amended |
|---|
| 11 | 11 | | by adding Chapter 50 to read as follows: |
|---|
| 12 | 12 | | CHAPTER 50. HIGHER EDUCATION PURPOSE |
|---|
| 13 | 13 | | Sec. 50.001. HIGHER EDUCATION PURPOSE. A public |
|---|
| 14 | 14 | | institution of higher education must be committed to creating an |
|---|
| 15 | 15 | | environment of: |
|---|
| 16 | 16 | | (1) intellectual inquiry and academic freedom so that |
|---|
| 17 | 17 | | all students are equipped for participation in the workforce and |
|---|
| 18 | 18 | | the betterment of society; and |
|---|
| 19 | 19 | | (2) intellectual diversity so that all students are |
|---|
| 20 | 20 | | respected and educated regardless of race, sex, or ethnicity or |
|---|
| 21 | 21 | | social, political, or religious background or belief. |
|---|
| 22 | 22 | | SECTION 2. Section 51.942, Education Code, is amended by |
|---|
| 23 | 23 | | adding Subsection (c-1) to read as follows: |
|---|
| 24 | 24 | | (c-1) For purposes of Subsection (c)(5), good cause for |
|---|
| 25 | 25 | | taking disciplinary action against a faculty member, including |
|---|
| 26 | 26 | | revoking the tenure of the faculty member, includes the faculty |
|---|
| 27 | 27 | | member's violation of Section 51.982. |
|---|
| 28 | 28 | | SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
|---|
| 29 | 29 | | amended by adding Section 51.982 to read as follows: |
|---|
| 30 | 30 | | Sec. 51.982. PROHIBITION ON COMPELLING CERTAIN |
|---|
| 31 | 31 | | BELIEFS. (a) In this section: |
|---|
| 32 | 32 | | (1) "Coordinating board" means the Texas Higher |
|---|
| 33 | 33 | | Education Coordinating Board. |
|---|
| 34 | 34 | | (2) "Institution of higher education" and "university |
|---|
| 35 | 35 | | system" have the meanings assigned by Section 61.003. |
|---|
| 36 | 36 | | (b) A faculty member of an institution of higher education |
|---|
| 37 | 37 | | may not compel or attempt to compel a student enrolled at the |
|---|
| 38 | 38 | | institution to adopt a belief that any race, sex, or ethnicity or |
|---|
| 39 | 39 | | social, political, or religious belief is inherently superior to |
|---|
| 40 | 40 | | any other race, sex, ethnicity, or belief. |
|---|
| 41 | 41 | | (c) If an institution of higher education determines that a |
|---|
| 42 | 42 | | faculty member of the institution has violated this section, the |
|---|
| 43 | 43 | | institution shall discharge the faculty member. |
|---|
| 44 | 44 | | (d) The coordinating board by rule shall develop a procedure |
|---|
| 45 | 45 | | for an institution of higher education to receive and review |
|---|
| 46 | 46 | | complaints regarding a violation of this section by a faculty |
|---|
| 47 | 47 | | member of the institution. The procedure must: |
|---|
| 48 | 48 | | (1) take into consideration due process rights under |
|---|
| 49 | 49 | | the United States Constitution and the Texas Constitution; and |
|---|
| 50 | 50 | | (2) include a procedure by which the complainant or |
|---|
| 51 | 51 | | the faculty member who is the subject of the complaint may appeal |
|---|
| 52 | 52 | | the institution's determination regarding whether the faculty |
|---|
| 53 | 53 | | member violated this section to: |
|---|
| 54 | 54 | | (A) the chancellor or other executive officer of |
|---|
| 55 | 55 | | the institution's system, if the institution is a component of a |
|---|
| 56 | 56 | | university system; or |
|---|
| 57 | 57 | | (B) the president or other executive officer of |
|---|
| 58 | 58 | | the institution, if the institution is not a component of a |
|---|
| 59 | 59 | | university system. |
|---|
| 60 | 60 | | (e) Each institution of higher education shall implement |
|---|
| 61 | 61 | | the procedure developed under Subsection (d). |
|---|
| 62 | 62 | | (f) Not later than December 1 of each year, each institution |
|---|
| 63 | 63 | | of higher education shall submit to the legislature and the |
|---|
| 64 | 64 | | coordinating board a report on the complaints received by the |
|---|
| 65 | 65 | | institution under the procedure implemented under Subsection (e) |
|---|
| 66 | 66 | | during the preceding academic year. |
|---|
| 67 | 67 | | SECTION 4. Section 51.982(c), Education Code, as added by |
|---|
| 68 | 68 | | this Act, applies only to a person who enters into or renews an |
|---|
| 69 | 69 | | employment contract as a faculty member at a public institution of |
|---|
| 70 | 70 | | higher education on or after the effective date of this Act. |
|---|
| 71 | 71 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 75 | 75 | | Act takes effect September 1, 2023. |
|---|