| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the protection of expressive rights at public |
|
|
institutions of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.9315 to read as follows: |
|
|
Sec. 51.9315. PROTECTION OF EXPRESSIVE RIGHTS. (a) In this |
|
|
section: |
|
|
(1) "Expressive rights" means the rights protected by |
|
|
the First Amendment to the United States Constitution or by Section |
|
|
8, Article I, Texas Constitution, including freedom of speech, |
|
|
freedom of the press, freedom of association, and free exercise of |
|
|
religion. |
|
|
(2) "Institution of higher education" has the meaning |
|
|
assigned by Section 61.003. |
|
|
(3) "Student organization" includes any organization |
|
|
that is composed mostly of students enrolled at an institution of |
|
|
higher education and that is recognized by or registered with the |
|
|
institution. |
|
|
(b) An institution of higher education may not designate any |
|
|
area on campus as a free speech zone or otherwise create policies |
|
|
implying that its students' or employees' expressive rights are |
|
|
restricted to particular areas of campus. |
|
|
(c) Notwithstanding Subsection (b), an institution of |
|
|
higher education may adopt a policy that imposes reasonable |
|
|
restrictions on the time, place, and manner of the exercise of |
|
|
expressive rights on the institution's campus if those |
|
|
restrictions: |
|
|
(1) are narrowly tailored to serve a significant |
|
|
institutional interest; |
|
|
(2) employ clear, published, content-neutral, and |
|
|
viewpoint-neutral criteria; and |
|
|
(3) provide for ample alternative means of expression. |
|
|
(d) An institution of higher education shall permit a |
|
|
student organization formed for the purpose of exercising |
|
|
expressive rights to establish and maintain membership and |
|
|
leadership qualifications for the organization that further the |
|
|
organization's purpose, including by requiring the organization's |
|
|
leaders or members to: |
|
|
(1) adhere to or comply with the organization's: |
|
|
(A) sincerely held beliefs; or |
|
|
(B) sincere standards of conduct; or |
|
|
(2) be committed to furthering the organization's |
|
|
mission or purpose. |
|
|
(e) Each institution of higher education shall adopt a |
|
|
policy protecting the expressive rights of students enrolled at and |
|
|
employees of the institution. The policy must: |
|
|
(1) require the institution to provide written notice |
|
|
to students and employees of a restriction adopted under Subsection |
|
|
(c) at least 30 days before the date on which the restriction is |
|
|
imposed, including by: |
|
|
(A) posting the notice on the institution's |
|
|
Internet website; and |
|
|
(B) mailing or e-mailing the notice to each |
|
|
student and employee; |
|
|
(2) clearly define the purpose and scope of any |
|
|
limited public forum established by the institution; |
|
|
(3) prohibit punishing a student or employee in any |
|
|
manner for exercising expressive rights; |
|
|
(4) include a grievance procedure for addressing |
|
|
complaints of a violation of this section; |
|
|
(5) be approved by a majority vote of the institution's |
|
|
governing board before final adoption; and |
|
|
(6) be posted on the institution's Internet website |
|
|
and annually distributed by mail or e-mail to students and |
|
|
employees. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |