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A BILL TO BE ENTITLED
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AN ACT
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relating to withholding state funding from a public or private |
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institution of higher education that requires student |
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organizations to allow student participation regardless of status |
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or beliefs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9362 to read as follows: |
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Sec. 51.9362. WITHHOLDING STATE FUNDING FROM INSTITUTIONS |
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REGULATING STUDENT ORGANIZATION MEMBERSHIP. (a) In this section: |
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(1) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003. |
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(2) "Religious student organization" means a student |
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organization whose charter, bylaws, mission statement, policies, |
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or practices indicate that the organization is guided or motivated |
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by religion. |
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(3) "Student organization" includes any organization |
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that is composed mostly of students enrolled at an institution of |
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higher education or a private or independent institution of higher |
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education and that: |
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(A) is registered with the institution; |
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(B) receives student organization resource fee |
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revenues or other funding from the institution; or |
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(C) is otherwise recognized as a student |
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organization by the institution. |
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(b) An institution of higher education or private or |
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independent institution of higher education may not receive any |
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state funding for a fiscal year following a year in which the |
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institution requires a student organization, including a religious |
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student organization, to allow any student enrolled at the |
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institution to participate in the organization, regardless of the |
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student's beliefs or status, including race, gender, and sexual |
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orientation. |
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(c) An institution of higher education or private or |
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independent institution of higher education with a policy requiring |
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a religious student organization to allow any student enrolled at |
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the institution to participate in the organization, regardless of |
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the student's status or beliefs, violates the organization's |
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members' First Amendment rights guaranteed by the United States |
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Constitution, including the rights of free exercise of religion and |
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of freedom of association. |
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SECTION 2. This Act takes effect September 1, 2013. |