By Edwards H.B. No. 393
74R89 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to equal access for student religious groups to public
1-3 school premises for meetings during noninstructional time.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 21, Education Code, is
1-6 amended by adding Section 21.940 to read as follows:
1-7 Sec. 21.940. EQUAL ACCESS FOR STUDENT MEETINGS. (a) A
1-8 public school district that grants a limited open forum to one or
1-9 more non-curriculum-related student groups for meetings on school
1-10 premises during noninstructional time may not deny equal access or
1-11 a fair opportunity to, or discriminate against, any students who
1-12 wish to conduct a meeting within that limited open forum on the
1-13 basis of the religious content of the speech, including prayer, at
1-14 the meeting.
1-15 (b) Under this section, a school district offers a fair
1-16 opportunity to students who wish to conduct a meeting within its
1-17 limited open forum if the school district uniformly provides that:
1-18 (1) the meeting is voluntary and student-initiated;
1-19 (2) there is no sponsorship of the meeting by the
1-20 school district or the district's board of trustees or employees;
1-21 (3) the district's trustees or employees are present
1-22 at religious meetings in a nonparticipatory capacity only;
1-23 (4) the meeting does not materially and substantially
1-24 interfere with the orderly conduct of educational activities within
2-1 the school; and
2-2 (5) nonschool persons do not direct, conduct, control,
2-3 or regularly attend meetings of student groups.
2-4 (c) This section does not authorize the school district to:
2-5 (1) influence the form or content of any prayer or
2-6 other religious activity;
2-7 (2) require any person to participate in prayer or
2-8 other religious activity;
2-9 (3) expend public funds beyond the incidental cost of
2-10 providing the space for student-initiated meetings;
2-11 (4) compel any school employee to attend a school
2-12 meeting if the content of the speech at the meeting is contrary to
2-13 the beliefs of the employee;
2-14 (5) sanction meetings that are otherwise unlawful;
2-15 (6) limit the rights of groups of students that are
2-16 not of a specified numerical size; or
2-17 (7) abridge the constitutional rights of any person.
2-18 (d) This section does not limit the authority of a school
2-19 district, or its employees, to maintain order and discipline on
2-20 school premises, to protect the well-being of students and
2-21 employees, and to ensure that attendance of students at the
2-22 meetings is voluntary.
2-23 SECTION 2. This Act applies beginning with the 1995-1996
2-24 school year.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.