C.S.H.B. 2447 78(R)    BILL ANALYSIS


C.S.H.B. 2447
By: Chavez
Higher Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Universities should promote freedom of speech, as a lively marketplace of
ideas is essential to intellectual development. Unfortunately, many
universities in Texas severely restrict this basic freedom with vague and
arbitrarily enforced free speech codes. For instance, the University of
Houston bans all "expressive activities" on campus, except in campus free
speech zones that require prior approval before they are used by students.
Anti-abortion group, Justice For All, has had to face numerous obstacles
when attempting to display an anti-abortion display at the University of
Texas, Austin. 

The purpose of CSHB 2447 is to prevent overly broad, vague and
discriminatory speech and assembly restrictions on campuses by ensuring
that all campuses enact policies that do not infringe on a student's right
to freedom of speech. CSHB 2447 ensures that campuses can regulate time,
place and assembly in order to preserve the normal academic and
administrative functions of the university.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

CSHB 2447 amends Section 51.352, Education Code, by adding Subsection (g)
to provide that the regulation of the time, place, and manner of speech
and assembly by the governing board of an institution of higher education
may not be more restrictive than necessary to protect normal academic and
institutional activities. 

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2447 modifies the original by replacing "state" in the caption with
"public."  The substitute replaces "No regulation of time, place and
manner of speech and assembly by a governing board shall be more
restrictive than necessary to protect normal academic and institutional
activities," with "Regulation by the governing board of an institution of
higher education of the time, place and manner of speech and assembly may
not be more restrictive than necessary to protect normal academic and
institutional activities."