|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to certain requirements of public institutions of higher |
|
education regarding student organization membership. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|
amended by adding Section 51.9362 to read as follows: |
|
Sec. 51.9362. CERTAIN REQUIREMENTS OF PUBLIC INSTITUTIONS |
|
REGARDING STUDENT ORGANIZATION MEMBERSHIP. (a) In this section: |
|
(1) "Benefit" includes: |
|
(A) recognition by or registration with an |
|
institution of higher education; |
|
(B) the use of an institution of higher |
|
education's facilities for meetings or speaking purposes; |
|
(C) the use of channels of communication |
|
controlled by an institution of higher education; and |
|
(D) funding sources made generally available to |
|
student organizations at an institution of higher education. |
|
(2) "Institution of higher education" has the meaning |
|
assigned by Section 61.003. |
|
(3) "Religious student organization" means a student |
|
organization whose charter, bylaws, mission statement, policies, |
|
or practices indicate that the organization is guided or motivated |
|
by shared religious beliefs. |
|
(4) "Student organization" includes any organization |
|
that is composed mostly of students enrolled at an institution of |
|
higher education and that receives a benefit from the institution. |
|
(b) An institution of higher education may not take action |
|
against a religious student organization or deny the organization |
|
any benefit generally available to other student organizations at |
|
the institution on the basis that the religious student |
|
organization requires the organization's leaders or members to: |
|
(1) adhere to or comply with the organization's: |
|
(A) sincerely held religious beliefs; or |
|
(B) sincere religious standards of conduct; or |
|
(2) be committed to furthering the organization's |
|
religious missions. |
|
(c) An institution of higher education that violates |
|
Subsection (b) is liable to the religious student organization that |
|
is the subject of the violation and any student member of that |
|
organization for: |
|
(1) actual damages suffered by the organization or |
|
member as a result of the violation; |
|
(2) court costs; and |
|
(3) reasonable attorney's fees. |
|
(d) The cause of action created by Subsection (c) is |
|
cumulative of any other remedy provided by common law or statute. |
|
(e) A religious student organization or a student member of |
|
the organization may raise a violation of Subsection (b) against |
|
the organization as a defense or counterclaim in any relevant civil |
|
or administrative proceedings brought against the organization or |
|
member by the institution of higher education. |
|
SECTION 2. This Act takes effect September 1, 2017. |