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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. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9315 to read as follows: |
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Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this |
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section: |
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(1) "Expressive activities" means any speech or |
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expressive conduct protected by the First Amendment to the United |
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States Constitution or Section 8, Article I, Texas Constitution, |
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and includes assemblies, protests, speeches, the distribution of |
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written material, the carrying of signs, and the circulation of |
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petitions. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) An institution of higher education may not designate any |
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area on campus as a free speech zone or otherwise create policies |
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implying that its students' expressive activities are restricted to |
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particular areas of campus. An institution of higher education may |
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not, except to provide time, place, or manner restrictions as |
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provided by Subsection (c), restrict the right of students to |
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engage in expression in a student forum. |
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(c) Notwithstanding Subsection (b), an institution of |
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higher education by rule may maintain and enforce reasonable |
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restrictions on the time, place, and manner of expressive |
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activities on the common outdoor areas of the institution's campus |
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if those restrictions: |
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(1) are narrowly tailored to serve a significant |
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institutional interest; |
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(2) employ clear, published, content-neutral, and |
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viewpoint-neutral criteria; and |
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(3) provide for ample alternative means of expression. |
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(d) Each institution of higher education shall adopt a |
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policy detailing students' and employees' rights to engage in |
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expressive activities at the institution. The policy must: |
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(1) prohibit: |
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(A) reducing a student's grade for engaging in |
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expressive activities; and |
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(B) increasing a student's grade for engaging in |
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expressive activities, unless a variety of expressive activities |
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and viewpoints, including the viewpoints of any political party, |
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qualify for the increase; |
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(2) include a grievance procedure for addressing |
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complaints of a violation of this section; |
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(3) be approved by a majority vote of the institution's |
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governing board before final adoption; and |
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(4) be posted on the institution's Internet website. |
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(e) Each institution of higher education shall inform |
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students enrolled at and employees of the institution of the policy |
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adopted under Subsection (d), including by: |
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(1) discussing the policy during student orientation; |
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and |
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(2) annually distributing a copy of the policy to |
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students and employees. |
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(f) An institution of higher education or any employee of |
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the institution may not punish a student or employee in any manner |
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for engaging in expressive activities. |
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SECTION 2. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and the |
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provisions of this Act are severable for this purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |