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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of expressive rights of student |
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organizations at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.9315, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (g-1) to read as |
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follows: |
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Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this |
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section: |
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(1) "Benefit" includes: |
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(A) recognition by or registration with an |
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institution of higher education; |
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(B) the use of an institution of higher |
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education's facilities for meetings or speaking purposes; |
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(C) the use of channels of communication |
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controlled by an institution of higher education; and |
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(D) funding sources made generally available to |
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student organizations at an institution of higher education. |
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(2) "Expressive activities" means any speech or |
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expressive conduct protected by the First Amendment to the United |
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States Constitution or by Section 8, Article I, Texas Constitution, |
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and includes assemblies, protests, speeches, the distribution of |
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written material, the carrying of signs, and the circulation of |
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petitions. The term does not include commercial speech. |
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(3) "Expressive rights" means the rights protected by |
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the First Amendment to the United States Constitution or by Section |
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8, Article I, Texas Constitution, including freedom of speech, |
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freedom of the press, freedom of association, and free exercise of |
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religion. |
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(4) [(3)] "Institution of higher education" has the |
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meaning assigned by Section 61.003. |
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(5) [(4)] "Student organization" includes any |
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organization that is composed mostly of students enrolled at an |
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institution of higher education and that receives a benefit from |
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the institution. |
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(g-1) An institution of higher education shall permit a |
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student organization formed for the purpose of exercising |
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expressive rights to establish and maintain membership and |
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leadership qualifications for the organization that further the |
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organization's purpose, including by requiring the organization's |
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leaders or members to: |
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(1) adhere to or comply with the organization's: |
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(A) sincerely held beliefs; or |
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(B) sincere standards of conduct; or |
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(2) be committed to furthering the organization's |
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mission or purpose. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |