89R785 JTZ-F
By: Cain H.B. No. 1479
A BILL TO BE ENTITLED
AN ACT
relating to the protection of expressive activities at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.9315, Education Code, is amended by
amending Subsection (g) and adding Subsections (k), (l), (m), and
(n) to read as follows:
(g) An institution of higher education may not take action
against a student organization or deny the organization any benefit
generally available to other student organizations at the
institution on the basis of:
(1) a political, religious, philosophical,
ideological, or academic viewpoint expressed by the organization or
of any expressive activities of the organization; or
(2) a requirement of the organization that the
organization's leaders or members:
(A) affirm and adhere to the organization's
sincerely held beliefs;
(B) comply with the organization's standards of
conduct; or
(C) further the organization's mission or
purpose.
(k) Not later than the first anniversary of the date a
person or student organization's expressive rights were allegedly
violated by an institution of higher education under this section,
the person or organization may bring an action against the
institution for:
(1) a declaratory judgment under Chapter 37, Civil
Practice and Remedies Code; or
(2) an injunction to prevent the institution from
further violating this section.
(l) For purposes of computing the limitation period under
Subsection (k), each day of a continuing violation of this section,
including each day a rule or policy of an institution of higher
education that violates this section remains in effect, constitutes
a separate violation.
(m) A person or student organization may raise a violation
of this section against the person or organization as a defense or
counterclaim in any relevant civil, administrative, or
disciplinary proceedings brought against the person or
organization by the institution of higher education.
(n) An institution of higher education's sovereign immunity
to suit and from liability is waived and abolished to the extent of
liability created under this section.
SECTION 2. Section 51.9315, Education Code, as amended by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act. A cause of action that accrued
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.