By: Hughes, et al. S.B. No. 16
A BILL TO BE ENTITLED
AN ACT
relating to the purpose of public institutions of higher education
and a prohibition on compelling students enrolled at those
institutions to adopt certain beliefs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Education Code, is amended
by adding Chapter 50 to read as follows:
CHAPTER 50. HIGHER EDUCATION PURPOSE
Sec. 50.001. HIGHER EDUCATION PURPOSE. A public
institution of higher education must be committed to creating an
environment of:
(1) intellectual inquiry and academic freedom so that
all students are equipped for participation in the workforce and
the betterment of society; and
(2) intellectual diversity so that all students are
respected and educated regardless of race, sex, or ethnicity or
social, political, or religious background or belief.
SECTION 2. Section 51.942, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) For purposes of Subsection (c)(5), good cause for
taking disciplinary action against a faculty member, including
revoking the tenure of the faculty member, includes the faculty
member's violation of Section 51.982.
SECTION 3. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.982 to read as follows:
Sec. 51.982. PROHIBITION ON COMPELLING CERTAIN
BELIEFS. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Institution of higher education" and "university
system" have the meanings assigned by Section 61.003.
(b) A faculty member of an institution of higher education
may not compel or attempt to compel a student enrolled at the
institution to adopt a belief that any race, sex, or ethnicity or
social, political, or religious belief is inherently superior to
any other race, sex, ethnicity, or belief.
(c) If an institution of higher education determines that a
faculty member of the institution has violated this section, the
institution shall discharge the faculty member.
(d) The coordinating board by rule shall develop a procedure
for an institution of higher education to receive and review
complaints regarding a violation of this section by a faculty
member of the institution. The procedure must:
(1) take into consideration due process rights under
the United States Constitution and the Texas Constitution; and
(2) include a procedure by which the complainant or
the faculty member who is the subject of the complaint may appeal
the institution's determination regarding whether the faculty
member violated this section to:
(A) the chancellor or other executive officer of
the institution's system, if the institution is a component of a
university system; or
(B) the president or other executive officer of
the institution, if the institution is not a component of a
university system.
(e) Each institution of higher education shall implement
the procedure developed under Subsection (d).
(f) Not later than December 1 of each year, each institution
of higher education shall submit to the legislature and the
coordinating board a report on the complaints received by the
institution under the procedure implemented under Subsection (e)
during the preceding academic year.
SECTION 4. Section 51.982(c), Education Code, as added by
this Act, applies only to a person who enters into or renews an
employment contract as a faculty member at a public institution of
higher education on or after the effective date of this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.