| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the protection of expressive activities at public |
|
|
institutions of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.9315, Education Code, is amended by |
|
|
amending Subsection (g) and adding Subsections (k), (l), (m), and |
|
|
(n) to read as follows: |
|
|
(g) An institution of higher education may not take action |
|
|
against a student organization or deny the organization any benefit |
|
|
generally available to other student organizations at the |
|
|
institution on the basis of: |
|
|
(1) a political, religious, philosophical, |
|
|
ideological, or academic viewpoint expressed by the organization or |
|
|
of any expressive activities of the organization; or |
|
|
(2) a requirement of the organization that the |
|
|
organization's leaders or members: |
|
|
(A) affirm and adhere to the organization's |
|
|
sincerely held beliefs; |
|
|
(B) comply with the organization's standards of |
|
|
conduct; or |
|
|
(C) further the organization's mission or |
|
|
purpose. |
|
|
(k) Not later than the first anniversary of the date a |
|
|
violation of this section is alleged to have occurred at an |
|
|
institution of higher education, a person or student organization |
|
|
whose expressive rights have been violated under this section may |
|
|
bring an action for injunctive relief to compel the institution to |
|
|
comply with this section or to recover compensatory damages, court |
|
|
costs, and reasonable attorney's fees. |
|
|
(l) For purposes of computing the limitation period under |
|
|
Subsection (k), each day of a continuing violation of this section, |
|
|
including each day a rule or policy of an institution of higher |
|
|
education that violates this section remains in effect, constitutes |
|
|
a separate violation. |
|
|
(m) A person or student organization may raise a violation |
|
|
of this section against the person or organization as a defense or |
|
|
counterclaim in any relevant civil, administrative, or |
|
|
disciplinary proceedings brought against the person or |
|
|
organization by the institution of higher education. |
|
|
(n) An institution of higher education's sovereign immunity |
|
|
to suit and from liability is waived and abolished to the extent of |
|
|
liability created under this section. |
|
|
SECTION 2. Section 51.9315, Education Code, as amended by |
|
|
this Act, applies only to a cause of action that accrues on or after |
|
|
the effective date of this Act. A cause of action that accrued |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect immediately before the effective date of this Act, and that |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |