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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements of public institutions of higher |
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education regarding student organization membership. |
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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 51.9362 to read as follows: |
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Sec. 51.9362. CERTAIN REQUIREMENTS OF PUBLIC INSTITUTIONS |
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REGARDING STUDENT ORGANIZATION MEMBERSHIP. (a) It is the policy |
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of this state to promote diversity of thought and the marketplace of |
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ideas on the campuses of public institutions of higher education in |
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this state, including by: |
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(1) protecting the rights of freedom of speech and |
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freedom of association guaranteed by the constitutions of the |
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United States and of this state so that all students of those |
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institutions may assemble peaceably for a specific stated purpose |
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and goal; and |
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(2) ensuring that those rights are not unnecessarily |
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restricted or impeded by rules or policies adopted by those |
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institutions. |
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(b) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Religious student organization" means a student |
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organization whose charter, bylaws, mission statement, policies, |
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or practices indicate that the organization is guided or motivated |
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by religion. |
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(3) "Student organization" includes any organization |
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that is composed mostly of students enrolled at an institution of |
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higher education and that: |
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(A) is registered with the institution; |
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(B) receives student organization resource fee |
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revenues or other funding from the institution; or |
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(C) is otherwise recognized as a student |
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organization by the institution. |
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(c) An institution of higher education is subject to a |
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penalty under Subsection (e) if the institution requires a student |
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organization, including a religious student organization, to |
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accept for membership in the organization a student: |
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(1) who demonstrates opposition to the organization's |
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stated beliefs and purposes; or |
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(2) whose membership in the organization: |
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(A) would affect in a significant way the |
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organization's ability to advocate public or private viewpoints; or |
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(B) is designed for the subversive intent of |
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undermining the organization's ability to assemble for its stated |
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purposes. |
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(d) An institution of higher education with a policy |
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requiring a religious student organization to allow any student |
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enrolled at the institution to participate in the organization, |
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regardless of the student's beliefs, violates the organization's |
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members' First Amendment rights guaranteed by the United States |
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Constitution, including the rights of free exercise of religion and |
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of freedom of association. |
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(e) If the comptroller determines that an institution of |
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higher education has incurred a penalty for a violation of |
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Subsection (c), the comptroller shall assess the penalty in an |
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amount equal to the total amount of student activity fees collected |
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by the institution in the academic year in which the violation |
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occurred. The comptroller shall collect the penalty by withholding |
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the amount of the penalty from the undedicated general revenue |
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appropriated by the legislature to the institution in the fiscal |
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year in which the penalty is assessed or, if necessary, in the next |
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fiscal year. |
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SECTION 2. This Act takes effect September 1, 2013. |