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  By: Tepper H.B. No. 1006
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to protected expression, intellectual freedom, and
  viewpoint diversity at public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.354, Education Code, is amended to
  read as follows:
         Sec. 51.354.  INSTITUTIONAL RESPONSIBILITY. In addition to
  specific responsibilities imposed by this code or other law, each
  institution of higher education has the general responsibility to
  [serve the public and, within the institution's role and mission,
  to]:
               (1)  permit the diffusion of [transmit] culture through
  general education;
               (2)  facilitate the discovery, improvement, and
  dissemination of [extend] knowledge;
               (3)  teach and train students for professions;
               (4)  provide for scientific, engineering, medical, and
  other academic research;
               (5)  protect intellectual exploration and academic
  freedom;
               (6)  strive for intellectual excellence;
               (7)  provide educational opportunity through [for all
  who can benefit from] postsecondary education and training; [and]
               (8)  provide continuing education opportunities;
               (9)  foster a diversity of viewpoints; and
               (10)  maintain political, social, and cultural
  neutrality.
         SECTION 2.  Section 51.9315(a)(2), Education Code, is
  amended to read as follows:
               (2)  "Expressive activities" means any speech or
  expressive conduct protected by the First Amendment to the United
  States Constitution or by Section 8, Article I, Texas Constitution,
  and includes assemblies, protests, speeches, the distribution of
  written material, the carrying of signs, [and] the circulation of
  petitions, and published or unpublished faculty research,
  lectures, writings, and commentary. The term does not include
  commercial speech.
         SECTION 3.  Section 51.9315, Education Code, is amended by
  amending Subsection (f) and adding Subsection (k) to read as
  follows:
         (f)  Each institution of higher education shall adopt a
  policy detailing students' rights and responsibilities regarding
  expressive activities at the institution. The policy must:
               (1)  demonstrate a commitment to intellectual freedom
  and viewpoint diversity;
               (2)  prohibit:
                     (A)  the funding, promotion, sponsorship, or
  support of:
                           (i)  any office of diversity, equity, and
  inclusion; and
                           (ii)  any office that funds, promotes,
  sponsors, or supports an initiative or formulation of diversity,
  equity, and inclusion beyond what is necessary to uphold the equal
  protection of the laws under the Fourteenth Amendment to the United
  States Constitution; and
                     (B)  the endorsement or dissuasion of, or
  interference with, any lifestyle, race, sex, religion, or culture.
               (3)  allow:
                     (A)  any person to, subject to reasonable
  restrictions adopted under Subsection (d), engage in expressive
  activities on campus, including by responding to the expressive
  activities of others; and
                     (B)  student organizations and faculty to,
  subject to Subsection (h), invite speakers to speak on campus;
               (4) [(2)]  establish disciplinary sanctions for
  students, student organizations, or faculty who unduly interfere
  with the expressive activities of others on campus;
               (5) [(3)]  include a grievance procedure for
  addressing complaints of a violation of this section;
               (6) [(4)]  be approved by a majority vote of the
  institution's governing board before final adoption; and
               (7) [(5)]  be posted on the institution's Internet
  website.
         (k)  A person may bring an action for injunctive relief
  against an institution of higher education to compel the
  institution to comply with this section. If the person prevails in
  the action, the court shall award reasonable attorney's fees and
  court costs to the person. The institution shall pay the fees and
  costs from the budget of the office of the chief executive officer
  of the institution or the institution's system, as applicable.
         SECTION 4.  This Act takes effect September 1, 2023.