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A BILL TO BE ENTITLED
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AN ACT
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relating to speech protections for student journalism 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 51.9316 to read as follows: |
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Sec. 51.9316. STUDENT JOURNALISM. (a) 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) "Protected speech" means speech protected by the |
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First Amendment to the United States Constitution or by Section 8, |
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Article I, Texas Constitution. |
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(3) "Student publication" means any material that is |
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primarily prepared, written, published, or broadcast by students |
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enrolled at an institution of higher education and is: |
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(A) distributed or generally made available to |
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students enrolled at the institution; and |
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(B) prepared under the direction of a journalism |
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or student publication advisor employed by the institution. |
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(b) A student enrolled at an institution of higher education |
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is entitled to exercise freedom of speech and freedom of the press |
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in producing any student publication, including by determining the |
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content of the publication so long as the content constitutes |
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protected speech, regardless of whether the publication is produced |
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using the institution's money, equipment, or facilities or in |
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conjunction with any course in which the student is enrolled at the |
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institution. |
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(c) Subsection (b) may not be construed to prohibit a |
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journalism or student publication advisor employed by an |
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institution of higher education from teaching professional |
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standards of English and journalism to students enrolled at the |
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institution. |
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(d) A journalism or student publication advisor employed by |
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an institution of higher education may not be subjected to |
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disciplinary action or any other form of punishment or retaliation |
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for acting to protect or refusing to infringe on a student's rights |
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as provided by this section. |
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(e) The content of a student publication may not be |
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construed as the policy or position of the institution of higher |
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education at which the publication is produced. |
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(f) An institution of higher education or an employee of the |
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institution is not liable in any civil or criminal action for the |
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content of a student publication produced at the institution unless |
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the institution or employee acted with wilful or wanton misconduct |
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in permitting the publication to be produced. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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academic year. |
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SECTION 3. 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, 2019. |