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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of expressive activities at public |
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institutions of higher education. |
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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. PROTECTED EXPRESSION ON CAMPUS. (a) In this |
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section: |
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(1) "Expressive activities" means any speech or |
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expressive conduct protected by the First Amendment to the United |
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States Constitution or Section 8, Article I, Texas Constitution, |
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and includes assemblies, protests, speeches, the distribution of |
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written material, the carrying of signs, and the circulation of |
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petitions. The term does not include commercial speech. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) It is the policy of this state to protect the expressive |
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rights of persons guaranteed by the constitutions of the United |
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States and of this state by ensuring that: |
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(1) all persons may assemble peaceably on the campuses |
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of institutions of higher education for expressive activities; and |
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(2) the expressive rights of persons on the campuses |
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of institutions of higher education are not unnecessarily |
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restricted or impeded by rules or policies adopted by the |
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institutions. |
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(c) An institution of higher education shall: |
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(1) ensure that the common outdoor areas of the |
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institution's campus are deemed traditional public forums; and |
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(2) permit any person to engage in expressive |
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activities on those areas of the institution's campus freely, as |
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long as the person's conduct: |
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(A) is not unlawful; and |
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(B) does not materially and substantially |
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disrupt the functioning of the institution. |
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(d) Notwithstanding Subsection (c), an institution of |
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higher education by rule may maintain and enforce reasonable |
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restrictions on the time, place, and manner of expressive |
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activities on the common outdoor areas of the institution's campus |
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if those restrictions: |
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(1) serve a significant institutional interest; |
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(2) employ clear, published, content-neutral, and |
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viewpoint-neutral criteria; |
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(3) provide for ample alternative means of expression; |
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and |
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(4) allow members of the university community to |
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spontaneously and contemporaneously assemble or distribute written |
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material without a permit or other permission from the institution. |
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(e) Subsections (c) and (d) do not limit the right of |
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student expression at other campus locations. |
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(f) The protections under this section apply equally to |
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students and to student groups and organizations, regardless of |
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whether the group or organization is recognized by or registered |
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with the institution of higher education. |
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(g) Not later than the first anniversary of the date that a |
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violation of this section is alleged to have occurred at an |
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institution of higher education, the attorney general or a person |
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whose expressive rights have been violated under this section may |
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bring an action for injunctive relief to compel the institution to |
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comply with this section or to recover compensatory damages, court |
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costs, and reasonable attorney's fees. For purposes of computing |
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the limitation period under this subsection, each day of a |
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continuing violation of this section, including each day that a |
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rule or policy of the institution that violates this section |
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remains in effect, constitutes a separate violation. |
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(h) In addition to the cause of action under Subsection (g), |
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a person whose expressive rights are affected by a rule or policy |
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adopted by an institution of higher education may file suit against |
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the institution for declaratory judgment in the manner provided by |
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Chapter 37, Civil Practice and Remedies Code. |
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SECTION 2. This Act takes effect September 1, 2017. |