| 1 | 1 | | By: Middleton S.B. No. 1069 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the procedure for resolving allegations of religious |
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| 9 | 9 | | discrimination against a student at a public institution of higher |
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| 10 | 10 | | education. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 13 | 13 | | amended by adding Sections 51.985 and 51.986 to read as follows: |
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| 14 | 14 | | Sec. 51.985. PROCEDURE FOR ALLEGATION OF RELIGIOUS |
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| 15 | 15 | | DISCRIMINATION AGAINST STUDENT. (a) In this section, "institution |
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| 16 | 16 | | of higher education" has the meaning assigned by Section 61.003. |
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| 17 | 17 | | (b) The president of an institution of higher education |
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| 18 | 18 | | shall investigate an allegation submitted to the institution that a |
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| 19 | 19 | | professor or instructor at the institution discriminated against a |
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| 20 | 20 | | student on the basis of religion. |
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| 21 | 21 | | (c) If the president of an institution of higher education |
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| 22 | 22 | | determines that a professor or instructor at the institution |
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| 23 | 23 | | discriminated against a student on the basis of religion, the |
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| 24 | 24 | | institution shall terminate the professor's or instructor's |
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| 25 | 25 | | employment. |
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| 26 | 26 | | (d) In investigating an allegation under this section, the |
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| 27 | 27 | | president of an institution of higher education shall ensure that |
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| 28 | 28 | | the professor or instructor is afforded appropriate due process. |
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| 29 | 29 | | The president shall use the standards and procedures prescribed by |
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| 30 | 30 | | institution policies to address other complaints of discrimination |
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| 31 | 31 | | by a professor or instructor at the institution to the extent |
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| 32 | 32 | | practicable. |
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| 33 | 33 | | Sec. 51.986. CONSERVATORSHIP OF DEPARTMENT. (a) If the |
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| 34 | 34 | | employment of a professor or instructor is terminated under Section |
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| 35 | 35 | | 51.985, the department under which the terminated professor or |
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| 36 | 36 | | instructor was employed shall be placed under the conservatorship |
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| 37 | 37 | | of the office of the president. |
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| 38 | 38 | | (b) The department shall be placed under conservatorship |
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| 39 | 39 | | for a time period of not less than 90 days, until the president |
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| 40 | 40 | | determines that there are no continuing risks of religious |
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| 41 | 41 | | discrimination against any student. |
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| 42 | 42 | | (c) The president may: |
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| 43 | 43 | | (1) investigate further risks of religious |
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| 44 | 44 | | discrimination against any student; |
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| 45 | 45 | | (2) require the adoption of certain policies by the |
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| 46 | 46 | | department to prevent further religious discrimination against any |
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| 47 | 47 | | student; and |
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| 48 | 48 | | (3) take any action necessary to prevent and remove |
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| 49 | 49 | | any risk of further religious discrimination against any student. |
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| 50 | 50 | | SECTION 2. Sections 51.985 and 51.986, Education Code, as |
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| 51 | 51 | | added by this Act, applies only to an allegation of religious |
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| 52 | 52 | | discrimination submitted to a public institution of higher |
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| 53 | 53 | | education on or after the effective date of this Act, regardless of |
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| 54 | 54 | | whether the conduct or act that is the subject of the allegation |
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| 55 | 55 | | occurred or was committed before, on, or after the effective date of |
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| 56 | 56 | | this Act. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2025. |
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