| 1 | 1 | | By: Perry S.B. No. 1711 |
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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 the protection of expressive activities at public |
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| 7 | 7 | | 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 51.9315, Education Code, is amended by |
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| 10 | 10 | | amending Subsection (g) and adding Subsections (k), (l), (m), and |
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| 11 | 11 | | (n) to read as follows: |
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| 12 | 12 | | (g) An institution of higher education may not take action |
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| 13 | 13 | | against a student organization or deny the organization any benefit |
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| 14 | 14 | | generally available to other student organizations at the |
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| 15 | 15 | | institution on the basis of: |
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| 16 | 16 | | (1) a political, religious, philosophical, |
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| 17 | 17 | | ideological, or academic viewpoint expressed by the organization or |
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| 18 | 18 | | of any expressive activities of the organization; or |
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| 19 | 19 | | (2) a requirement of the organization that the |
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| 20 | 20 | | organization's leaders or members: |
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| 21 | 21 | | (A) affirm and adhere to the organization's |
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| 22 | 22 | | sincerely held beliefs; |
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| 23 | 23 | | (B) comply with the organization's standards of |
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| 24 | 24 | | conduct; or |
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| 25 | 25 | | (C) further the organization's mission or |
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| 26 | 26 | | purpose. |
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| 27 | 27 | | (k) Not later than the first anniversary of the date a |
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| 28 | 28 | | person or student organization's expressive rights were allegedly |
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| 29 | 29 | | violated by an institution of higher education under this section, |
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| 30 | 30 | | the person or organization may bring an action against the |
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| 31 | 31 | | institution for: |
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| 32 | 32 | | (1) a declaratory judgment under Chapter 37, Civil |
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| 33 | 33 | | Practice and Remedies Code; or |
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| 34 | 34 | | (2) an injunction to prevent the institution from |
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| 35 | 35 | | further violating this section. |
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| 36 | 36 | | (l) For purposes of computing the limitation period under |
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| 37 | 37 | | Subsection (k), each day of a continuing violation of this section, |
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| 38 | 38 | | including each day a rule or policy of an institution of higher |
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| 39 | 39 | | education that violates this section remains in effect, constitutes |
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| 40 | 40 | | a separate violation. |
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| 41 | 41 | | (m) A person or student organization may raise a violation |
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| 42 | 42 | | of this section against the person or organization as a defense or |
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| 43 | 43 | | counterclaim in any relevant civil, administrative, or |
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| 44 | 44 | | disciplinary proceedings brought against the person or |
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| 45 | 45 | | organization by the institution of higher education. |
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| 46 | 46 | | (n) An institution of higher education's sovereign immunity |
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| 47 | 47 | | to suit and from liability is waived and abolished to the extent of |
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| 48 | 48 | | liability created under this section. |
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| 49 | 49 | | SECTION 2. Section 51.9315, Education Code, as amended by |
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| 50 | 50 | | this Act, applies only to a cause of action that accrues on or after |
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| 51 | 51 | | the effective date of this Act. A cause of action that accrued |
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| 52 | 52 | | before the effective date of this Act is governed by the law in |
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| 53 | 53 | | effect immediately before the effective date of this Act, and that |
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| 54 | 54 | | law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2023. |
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