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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. |
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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) An institution of higher education may not: |
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(1) designate any area on campus as a free speech zone |
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or otherwise create policies implying that its students' expressive |
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activities are restricted to particular areas of campus; or |
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(2) restrict the right of students to engage in |
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expression in a traditional public forum. |
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(c) Notwithstanding Subsection (b), an institution of |
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higher education may adopt a policy that imposes reasonable |
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restrictions on the time, place, and manner of expressive |
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activities in the common outdoor areas of the institution's campus |
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if those restrictions: |
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(1) are narrowly tailored to serve a significant |
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institutional interest; |
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(2) employ clear, published, content-neutral, and |
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viewpoint-neutral criteria; and |
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(3) provide for ample alternative means of expression. |
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(d) Each institution of higher education shall adopt a |
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policy that: |
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(1) prohibits preventing a student from engaging in |
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expressive activities because of the content or message of the |
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expressive activities; |
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(2) prohibits any institution official or employee |
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from preventing or disinviting a speaker from speaking at the |
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institution for any reason other than a reasonable concern |
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regarding a legitimate risk to campus safety; and |
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(3) establishes disciplinary sanctions for students |
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or employees who persist in unduly interfering with the expressive |
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activities of others on campus after being asked by an institution |
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official or employee to stop the interference. |
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SECTION 2. This Act takes effect September 1, 2019. |