88R9121 ANG-F
 
  By: Zwiener H.B. No. 5266
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to speech protections for student media publications in
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 25, Education Code, is
  amended by adding Section 25.905 to read as follows:
         Sec. 25.905.  STUDENT MEDIA PUBLICATIONS. (a)  In this
  section:
               (1)  "Protected speech" means speech protected by the
  First Amendment to the United States Constitution or by Section 8,
  Article I, Texas Constitution.  The term does not include speech
  that:
                     (A)  is obscene;
                     (B)  is defamatory, libelous, or slanderous;
                     (C)  constitutes a clear, unwarranted invasion of
  privacy;
                     (D)  violates a federal or state law to the extent
  that law conforms to the United States Constitution or the Texas
  Constitution;
                     (E)  advertises or promotes the purchase of a
  product or service that is unlawful for purchase by minors;
                     (F)  is intended to incite the imminent commission
  of a crime or violation of school policy and is likely to produce
  that result; or
                     (G)  substantially disrupts a school's operation.
               (2)  "Student media publication" means any material
  that is primarily prepared, written, published, or broadcast by
  students enrolled at a school district campus who are under the
  direction of a student media publication advisor if the material is
  distributed or generally made available to students enrolled at the
  campus.  The term does not include material intended for
  distribution only in the classroom in which the material is
  produced.
               (3)  "Student media publication advisor" means an
  individual employed or designated by a school district or a campus
  of the district to supervise or provide instruction relating to
  student media publications.
         (b)  A student is entitled to exercise freedom of speech and
  freedom of the press in producing any student media publication,
  including by determining the content of the publication so long as
  the content constitutes protected speech, regardless of whether the
  publication is produced using the school district's money,
  equipment, or facilities or in conjunction with any class in which
  the student is enrolled.  A student may not be disciplined for
  acting in accordance with this subsection.
         (c)  Subsection (b) may not be construed to prohibit a
  student media publication advisor from teaching professional
  standards of English and journalism to students.
         (d)  A student media publication advisor may not be subjected
  to disciplinary action or any other form of punishment or
  retaliation for acting to protect or refusing to infringe on a
  student's rights as provided by this section.
         (e)  The content of a student media publication may not be
  construed as the policy or position of the campus at which the
  publication is produced or the school district in which the campus
  is located.
         (f)  A school district, a student media publication advisor
  of a district campus, or any employee of the district is not liable
  in any civil or criminal action for the content of a student media
  publication produced by students enrolled at a district campus
  unless the district, advisor, or employee acted with wilful or
  wanton misconduct in permitting the publication to be produced.
         (g)  The board of trustees of a school district shall adopt a
  written policy establishing rules regarding students' right to
  exercise freedom of speech and freedom of the press in producing any
  student media publication.
         (h)  The policy adopted under Subsection (g) may include:
               (1)  reasonable restrictions on the time, place, and
  manner of student expression in a student media publication if
  those restrictions:
                     (A)  are necessary to further a compelling school
  district interest and are the least restrictive means of furthering
  that interest;
                     (B)  employ clear, published, content-neutral,
  and viewpoint-neutral criteria; and
                     (C)  leave open ample alternative means of
  expression; and
               (2)  limitations on speech that is not protected
  speech, including speech the board of trustees defines as profane,
  harassing, threatening, or intimidating.
         (i)  A school administrator shall:
               (1)  interpret the policy adopted under Subsection (g)
  in accordance with law; and
               (2)  determine whether a student media publication
  includes speech that is not protected.
         (j)  A student, individually or through the student's parent
  or person standing in parental relation to the student, whose
  freedom of speech, freedom of the press, or expressive rights have
  been violated under this section or a student media publication
  advisor may bring an action for injunctive relief to compel the
  school district to comply with this section.
         (k)  In addition to the injunctive relief under Subsection
  (j), a person whose freedom of speech, freedom of the press, or
  expressive rights are affected by a policy adopted by a school
  district under this section may file suit against the district for
  declaratory judgment in the manner provided by Chapter 37, Civil
  Practice and Remedies Code.
         SECTION 2.  Section 12.104(b), Education Code, as amended by
  Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
  2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
  Session, 2021, is reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  the provisions in Chapter 554, Government Code;
  and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
  25.001;
                     (V)  school safety requirements under Sections
  37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
  37.207, and 37.2071;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; [and]
                     (Y) [(X)]  parental options to retain a student
  under Section 28.02124; and
                     (Z)  speech protections for student media
  publications under Section 25.905.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.