By: Middleton S.B. No. 1069
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for resolving allegations of religious
discrimination against a student at a public institution of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Sections 51.985 and 51.986 to read as follows:
Sec. 51.985. PROCEDURE FOR ALLEGATION OF RELIGIOUS
DISCRIMINATION AGAINST STUDENT. (a) In this section, "institution
of higher education" has the meaning assigned by Section 61.003.
(b) The president of an institution of higher education
shall investigate an allegation submitted to the institution that a
professor or instructor at the institution discriminated against a
student on the basis of religion.
(c) If the president of an institution of higher education
determines that a professor or instructor at the institution
discriminated against a student on the basis of religion, the
institution shall terminate the professor's or instructor's
employment.
(d) In investigating an allegation under this section, the
president of an institution of higher education shall ensure that
the professor or instructor is afforded appropriate due process.
The president shall use the standards and procedures prescribed by
institution policies to address other complaints of discrimination
by a professor or instructor at the institution to the extent
practicable.
Sec. 51.986. CONSERVATORSHIP OF DEPARTMENT. (a) If the
employment of a professor or instructor is terminated under Section
51.985, the department under which the terminated professor or
instructor was employed shall be placed under the conservatorship
of the office of the president.
(b) The department shall be placed under conservatorship
for a time period of not less than 90 days, until the president
determines that there are no continuing risks of religious
discrimination against any student.
(c) The president may:
(1) investigate further risks of religious
discrimination against any student;
(2) require the adoption of certain policies by the
department to prevent further religious discrimination against any
student; and
(3) take any action necessary to prevent and remove
any risk of further religious discrimination against any student.
SECTION 2. Sections 51.985 and 51.986, Education Code, as
added by this Act, applies only to an allegation of religious
discrimination submitted to a public institution of higher
education on or after the effective date of this Act, regardless of
whether the conduct or act that is the subject of the allegation
occurred or was committed before, on, or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2025.