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A BILL TO BE ENTITLED
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AN ACT
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relating to the general responsibility of public institutions of |
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higher education and to protected expression and academic freedom |
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at those institutions. |
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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 all members of the public regardless of social background |
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and, within the institution's role and mission, to: |
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(1) transmit diverse perspectives, knowledge, and |
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culture through general education; |
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(2) extend knowledge and promote critical thinking; |
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(3) teach and train students for 21st century |
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professions; |
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(4) provide for scientific, engineering, medical, |
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social science, and other academic research; |
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(5) protect intellectual exploration and academic |
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freedom for students and faculty; |
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(6) strive for intellectual excellence; |
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(7) provide educational opportunity for all, with |
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special attention to traditionally underserved and marginalized |
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populations who would most [can] benefit from opportunities |
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provided by postsecondary education and training; and |
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(8) provide continuing education opportunities for a |
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diverse array of populations. |
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SECTION 2. Section 51.9315(f), Education Code, is amended |
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to read as 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) protect a person's or student organization's right |
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to uphold and promote ideals related to diversity, equity, and |
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inclusion; |
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(2) 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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(3) [(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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(4) [(3)] include a grievance procedure for |
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addressing complaints of a violation of this section; |
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(5) [(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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(6) [(5)] be posted on the institution's Internet |
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website. |
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SECTION 3. Section 51.942, Education Code, is amended by |
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adding Subsection (c-2) to read as follows: |
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(c-2) For purposes of Subsection (c)(5), a faculty member's |
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exercise of the right of free speech or use of diverse instructional |
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materials may not be considered to be incompetency, neglect of |
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duty, or other good cause for disciplinary action. |
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SECTION 4. This Act takes effect September 1, 2023. |