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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting institutions of higher education from |
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disciplining students for conduct involving speech or expression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9315 to read as follows: |
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Sec. 51.9315. FREEDOM FROM DISCIPLINARY ACTION FOR |
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PROTECTED SPEECH OR EXPRESSION. (a) In this section, "institution |
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of higher education" has the meaning assigned by Section 61.003. |
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(b) An institution of higher education may not subject a |
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student to disciplinary action for conduct that, if engaged in by a |
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person with no connection to the institution at a public location |
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other than on the campus or other property of the institution, would |
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be protected as free speech or expression by the Constitution of the |
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United States or the Texas Constitution. |
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(c) A student enrolled at an institution of higher education |
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may bring an action for injunctive or other appropriate relief to |
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compel the institution to comply with this section. |
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(d) Nothing in this section prohibits an institution of |
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higher education from adopting rules intended to prevent conduct |
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that is not constitutionally protected, including threats, |
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harassment, intimidation, and violence. |
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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, 2009. |