By: Edwards H.B. No. 1381 73R5177 CAE-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to equal access for non-curriculum-related student groups, 1-3 including student prayer groups, to public school premises for 1-4 meetings during noninstructional time. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter Z, Chapter 21, Education Code, is 1-7 amended by adding Section 21.938 to read as follows: 1-8 Sec. 21.938. EQUAL ACCESS FOR STUDENT MEETINGS. (a) A 1-9 public school district that grants a limited open forum to one or 1-10 more non-curriculum-related student groups for meetings on school 1-11 premises during noninstructional time may not deny equal access or 1-12 a fair opportunity to, or discriminate against, any students who 1-13 wish to conduct a meeting within that limited open forum on the 1-14 basis of the religious, political, philosophical, or other content 1-15 of the speech at the meeting. 1-16 (b) Under this section, a school district offers a fair 1-17 opportunity to students who wish to conduct a meeting within its 1-18 limited open forum if the school district uniformly provides that: 1-19 (1) the meeting is voluntary and student-initiated; 1-20 (2) there is no sponsorship of the meeting by the 1-21 school district or the district's board of trustees or employees; 1-22 (3) the district's trustees or employees are present 1-23 at religious meetings in a nonparticipatory capacity only; 1-24 (4) the meeting does not materially and substantially 2-1 interfere with the orderly conduct of educational activities within 2-2 the school; and 2-3 (5) nonschool persons do not direct, conduct, control, 2-4 or regularly attend meetings of student groups. 2-5 (c) This section does not authorize the school district to: 2-6 (1) influence the form or content of any prayer or 2-7 other religious activity; 2-8 (2) require any person to participate in prayer or 2-9 other religious activity; 2-10 (3) expend public funds beyond the incidental cost of 2-11 providing the space for student-initiated meetings; 2-12 (4) compel any school employee to attend a school 2-13 meeting if the content of the speech at the meeting is contrary to 2-14 the beliefs of the employee; 2-15 (5) sanction meetings that are otherwise unlawful; 2-16 (6) limit the rights of groups of students that are 2-17 not of a specified numerical size; or 2-18 (7) abridge the constitutional rights of any person. 2-19 (d) This section does not limit the authority of a school 2-20 district, or its employees, to maintain order and discipline on 2-21 school premises, to protect the well-being of students and 2-22 employees, and to ensure that attendance of students at the 2-23 meetings is voluntary. 2-24 SECTION 2. This Act applies beginning with the 1993-1994 2-25 school year. 2-26 SECTION 3. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended, 3-4 and that this Act take effect and be in force from and after its 3-5 passage, and it is so enacted.