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A BILL TO BE ENTITLED
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AN ACT
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relating to protected expression, intellectual freedom, and |
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viewpoint diversity at public 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. Section 51.354, Education Code, is amended to |
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read as follows: |
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Sec. 51.354. INSTITUTIONAL RESPONSIBILITY. In addition to |
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specific responsibilities imposed by this code or other law, each |
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institution of higher education has the general responsibility to |
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[serve the public and, within the institution's role and mission, |
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to]: |
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(1) permit the diffusion of [transmit] culture through |
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general education; |
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(2) facilitate the discovery, improvement, and |
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dissemination of [extend] knowledge; |
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(3) teach and train students for professions; |
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(4) provide for scientific, engineering, medical, and |
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other academic research; |
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(5) protect intellectual exploration and academic |
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freedom; |
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(6) strive for intellectual excellence; |
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(7) provide educational opportunity through [for all |
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who can benefit from] postsecondary education and training; [and] |
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(8) provide continuing education opportunities; |
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(9) foster a diversity of viewpoints; and |
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(10) maintain political, social, and cultural |
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neutrality. |
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SECTION 2. Section 51.9315(a)(2), Education Code, is |
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amended to read as follows: |
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(2) "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 by 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, and published or unpublished faculty research, |
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lectures, writings, and commentary. The term does not include |
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commercial speech. |
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SECTION 3. Section 51.9315, Education Code, is amended by |
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amending Subsection (f) and adding Subsection (k) to read as |
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follows: |
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(f) Each institution of higher education shall adopt a |
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policy detailing students' rights and responsibilities regarding |
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expressive activities at the institution. The policy must: |
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(1) demonstrate a commitment to intellectual freedom |
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and viewpoint diversity; |
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(2) prohibit: |
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(A) the funding, promotion, sponsorship, or |
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support of: |
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(i) any office of diversity, equity, and |
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inclusion; and |
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(ii) any office that funds, promotes, |
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sponsors, or supports an initiative or formulation of diversity, |
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equity, and inclusion beyond what is necessary to uphold the equal |
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protection of the laws under the Fourteenth Amendment to the United |
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States Constitution; and |
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(B) the endorsement or dissuasion of, or |
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interference with, any lifestyle, race, sex, religion, or culture. |
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(3) allow: |
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(A) any person to, subject to reasonable |
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restrictions adopted under Subsection (d), engage in expressive |
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activities on campus, including by responding to the expressive |
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activities of others; and |
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(B) student organizations and faculty to, |
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subject to Subsection (h), invite speakers to speak on campus; |
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(4) [(2)] establish disciplinary sanctions for |
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students, student organizations, or faculty who unduly interfere |
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with the expressive activities of others on campus; |
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(5) [(3)] include a grievance procedure for |
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addressing complaints of a violation of this section; |
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(6) [(4)] be approved by a majority vote of the |
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institution's governing board before final adoption; and |
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(7) [(5)] be posted on the institution's Internet |
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website. |
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(k) A person may bring an action for injunctive relief |
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against an institution of higher education to compel the |
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institution to comply with this section. If the person prevails in |
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the action, the court shall award reasonable attorney's fees and |
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court costs to the person. The institution shall pay the fees and |
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costs from the budget of the office of the chief executive officer |
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of the institution or the institution's system, as applicable. |
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SECTION 4. This Act takes effect September 1, 2023. |