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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of expressive activities at public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.9315, Education Code, is amended by |
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amending Subsection (g) and adding Subsections (k), (l), (m), and |
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(n) to read as follows: |
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(g) An institution of higher education may not take action |
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against a student organization or deny the organization any benefit |
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generally available to other student organizations at the |
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institution on the basis of: |
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(1) a political, religious, philosophical, |
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ideological, or academic viewpoint expressed by the organization or |
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of any expressive activities of the organization; or |
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(2) a requirement of the organization that the |
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organization's leaders or members: |
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(A) affirm and adhere to the organization's |
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sincerely held beliefs; |
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(B) comply with the organization's standards of |
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conduct; or |
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(C) further the organization's mission or |
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purpose. |
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(k) Not later than the first anniversary of the date a |
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person or student organization's expressive rights were allegedly |
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violated by an institution of higher education under this section, |
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the person or organization may bring an action against the |
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institution for: |
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(1) a declaratory judgment under Chapter 37, Civil |
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Practice and Remedies Code; or |
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(2) an injunction to prevent the institution from |
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further violating this section. |
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(l) For purposes of computing the limitation period under |
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Subsection (k), each day of a continuing violation of this section, |
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including each day a rule or policy of an institution of higher |
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education that violates this section remains in effect, constitutes |
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a separate violation. |
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(m) A person or student organization may raise a violation |
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of this section against the person or organization as a defense or |
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counterclaim in any relevant civil, administrative, or |
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disciplinary proceedings brought against the person or |
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organization by the institution of higher education. |
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(n) An institution of higher education's sovereign immunity |
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to suit and from liability is waived and abolished to the extent of |
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liability created under this section. |
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SECTION 2. Section 51.9315, Education Code, as amended by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. A cause of action that accrued |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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