By: Hughes, et al. S.B. No. 16

A BILL TO BE ENTITLED

AN ACT

relating to the purpose of public institutions of higher education and a prohibition on compelling students enrolled at those institutions to adopt certain beliefs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 3, Education Code, is amended by adding Chapter 50 to read as follows:

CHAPTER 50. HIGHER EDUCATION PURPOSE

Sec. 50.001. HIGHER EDUCATION PURPOSE. A public institution of higher education must be committed to creating an environment of:

(1) intellectual inquiry and academic freedom so that all students are equipped for participation in the workforce and the betterment of society; and

(2) intellectual diversity so that all students are respected and educated regardless of race, sex, or ethnicity or social, political, or religious background or belief.

SECTION 2. Section 51.942, Education Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) For purposes of Subsection (c)(5), good cause for taking disciplinary action against a faculty member, including revoking the tenure of the faculty member, includes the faculty member's violation of Section 51.982.

SECTION 3. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.982 to read as follows:

Sec. 51.982. PROHIBITION ON COMPELLING CERTAIN BELIEFS. (a) In this section:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "Institution of higher education" and "university system" have the meanings assigned by Section 61.003.

(b) A faculty member of an institution of higher education may not compel or attempt to compel a student enrolled at the institution to adopt a belief that any race, sex, or ethnicity or social, political, or religious belief is inherently superior to any other race, sex, ethnicity, or belief.

(c) If an institution of higher education determines that a faculty member of the institution has violated this section, the institution shall discharge the faculty member.

(d) The coordinating board by rule shall develop a procedure for an institution of higher education to receive and review complaints regarding a violation of this section by a faculty member of the institution. The procedure must:

(1) take into consideration due process rights under the United States Constitution and the Texas Constitution; and

(2) include a procedure by which the complainant or the faculty member who is the subject of the complaint may appeal the institution's determination regarding whether the faculty member violated this section to:

(A) the chancellor or other executive officer of the institution's system, if the institution is a component of a university system; or

(B) the president or other executive officer of the institution, if the institution is not a component of a university system.

(e) Each institution of higher education shall implement the procedure developed under Subsection (d).

(f) Not later than December 1 of each year, each institution of higher education shall submit to the legislature and the coordinating board a report on the complaints received by the institution under the procedure implemented under Subsection (e) during the preceding academic year.

SECTION 4. Section 51.982(c), Education Code, as added by this Act, applies only to a person who enters into or renews an employment contract as a faculty member at a public institution of higher education on or after the effective date of this Act.

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.