Honorable Dade Phelan, Chair, House Committee on State Affairs
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB2100 by Cain (relating to the protection of expressive activities at public institutions of higher education.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend Chapter 51, Education Code, by adding Section 51.9315 to require each institution of higher education to permit any person who is lawfully present to engage in expressive activities as long as the person's conduct is lawful and not disruptive. The bill would define expressive activities as including assemblies, protests, speeches, distribution of written or visual material, carrying of signs, and circulation of petitions. The bill would authorize each institution of higher education to adopt rules to maintain and enforce restrictions on the time, place, and manner of expressive activities.
The bill would require each institution of higher education to adopt a policy to prohibit the entity or any employees from punishing a person for engaging in expressive activities; prohibit the entity from taking action on a matter of public concern; establish disciplinary sanctions for students or student organizations who unduly interfere with the expressive activities of others on campus; encourage the free and total exchange of ideas, including unpopular, controversial or offensive ideas on the grounds under the control of the entity; include a grievance procedure for addressing complaints of a violation of this section; and establish disciplinary sanctions for employees of the entity who unduly interfere with expressive activities. The policy would be required to allow a student group to establish membership qualifications for the group, including requiring members of the group comply with the group's sincerely held beliefs or sincere standards of conduct. The bill would require that the policy be approved by a majority vote of the institution's governing board before final adoption. Each institution of higher education would be required to make the adopted policy available on their website.
The bill would specify that in determining whether to approve a speaker to speak on campus or in determining the amount of a fee to be charged for use of the institution's facility, an institution of higher education may consider the proposed venue and the expected size of the audience, any anticipated need for campus security, any necessary accommodations, and any relevant history of compliance or noncompliance by the requesting student or group.
The bill would require each institution of higher education to develop materials, programs, and procedures to ensure that the institution's employees responsible for education or disciplining students understand the requirements of this section and all relevant policies adopted by the institution.
The bill would authorize the Attorney General or a person whose expressive rights have been violated to bring an action in state court for injunctive relief to compel compliance. The person bringing an action would be entitled to relief of a minimum of $1,000 per violation. Each day of a continuing violation would constitute a separate violation. The bill would authorize a person whose expressive rights are affected by a rule or policy adopted under this section to bring civil action against the institution of higher education.
Costs associated with the provisions of the bill include costs associated with increased campus demonstrations at institutions of higher education, legal fees, and potential liability payments.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
302 Office of the Attorney General, 710 Texas A&M University System Administrative and General Offices, 758 Texas State University System, 769 University of North Texas System Administration, 783 University of Houston System Administration, 985 Tyler Junior College