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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" include assemblies, |
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protests, speeches, the distribution of written material, the |
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carrying of signs, and the circulation of petitions. The term does |
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not include commercial speech. |
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(2) "Institution of higher education" and "university |
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system" have the meanings assigned by Section 61.003. |
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(b) It is the policy of this state to protect the expressive |
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rights of persons guaranteed by the constitutions of the United |
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States and of this state by ensuring that: |
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(1) all persons may assemble peaceably on the campuses |
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of institutions of higher education for expressive activities; and |
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(2) the expressive rights of persons on the campuses |
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of institutions of higher education are not unnecessarily |
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restricted or impeded by rules or policies adopted by the |
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institutions. |
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(c) An institution of higher education shall: |
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(1) ensure that the common outdoor areas of the |
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institution's campus are deemed traditional public forums; and |
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(2) permit any person to engage in expressive |
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activities on those areas of the institution's campus freely, as |
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long as the person's conduct: |
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(A) is not unlawful; and |
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(B) does not materially and substantially |
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disrupt the functioning of the institution. |
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(d) Notwithstanding Subsection (c), 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; |
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(3) provide for ample alternative means of expression; |
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and |
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(4) allow members of the university community to |
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spontaneously and contemporaneously assemble or distribute written |
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material without a permit or other permission from the institution. |
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(e) Subsections (c) and (d) do not limit the right of |
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student expression at other campus locations. |
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(f) Each institution of higher education shall adopt a |
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policy that: |
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(1) encourages the free and open exchange of ideas, |
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including unpopular, controversial, or offensive ideas, in |
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classrooms and all other campus locations; |
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(2) prohibits punishing a student in any manner for |
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engaging in expressive activities protected by the First Amendment |
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to the United States Constitution or Section 8, Article I, Texas |
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Constitution; |
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(3) requires the institution to maintain an official |
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position of neutrality on issues of public controversy; |
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(4) prohibits any institution official or employee |
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from disinviting a speaker who has been requested to speak at the |
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institution by members of the university community; and |
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(5) establishes disciplinary sanctions for students |
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or employees who unduly interfere with the expressive activities of |
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others on campus. |
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(g) Each institution of higher education annually shall |
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provide to students enrolled at and employees of the institution a |
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copy of all policies adopted in accordance with this section. |
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(h) Not later than the first anniversary of the date that a |
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violation of this section is alleged to have occurred at an |
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institution of higher education, the attorney general or a person |
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whose expressive rights have been violated under this section may |
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bring an action for injunctive relief to compel the institution to |
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comply with this section or to recover compensatory damages and |
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reasonable court costs and attorney's fees. In an action for |
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damages brought under this subsection, if the court finds that an |
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institution of higher education has violated this section, the |
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court shall award the aggrieved person the greater of: |
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(1) the amount of the person's compensatory damages; |
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or |
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(2) $1,000. |
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(i) For purposes of computing the limitation period under |
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Subsection (h), each day of a continuing violation of this section, |
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including each day that 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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(j) The governing board of each institution of higher |
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education or university system shall create a subcommittee of the |
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board to address free speech issues at the institution or |
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institutions governed by the board. Not later than September 1 of |
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each year, the subcommittee shall prepare and submit to the |
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governor, the members of the legislature, and the governing board a |
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report on free speech issues that arose at the institution or |
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institutions during the preceding academic year. The report must |
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include, for each institution governed by the board: |
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(1) a description of any barriers to or disruptions of |
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expressive activities at the institution; |
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(2) a summary of the institution's handling of free |
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speech issues, including any disciplinary action taken related to |
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the policies adopted under this section; |
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(3) an analysis of any substantial difficulties, |
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controversies, or successes in maintaining the institution's |
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official position of neutrality on issues of public controversy; |
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and |
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(4) any recommendations for legislative or other |
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action. |
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SECTION 2. Not later than September 1, 2017, the governing |
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board of each public institution of higher education or university |
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system shall create the subcommittee required under Section |
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51.9315(j), Education Code, as added by this Act. Each governing |
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board's subcommittee shall prepare and submit its initial report |
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required under that section not later than September 1, 2018. |
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SECTION 3. This Act takes effect September 1, 2017. |