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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) "Benefit" includes: |
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(A) recognition by or registration with an |
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institution of higher education; |
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(B) the use of an institution of higher |
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education's facilities for meetings or speaking purposes; |
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(C) the use of channels of communication |
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controlled by an institution of higher education; and |
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(D) funding sources made generally available to |
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student organizations at an institution of higher education. |
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(2) "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 by 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. The term does not include commercial speech. |
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(3) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(4) "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 and that receives a benefit from the institution. |
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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: |
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(1) recognizing freedom of speech and assembly as |
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central to the mission of institutions of higher education; and |
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(2) ensuring that all persons may assemble peaceably |
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on the campuses of institutions of higher education for expressive |
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activities, including to listen to the speech of others. |
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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 in 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 may adopt a policy that imposes reasonable |
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restrictions on the time, place, and manner of expressive |
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activities in 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 detailing students' rights and responsibilities regarding |
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expressive activities at the institution. The policy must: |
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(1) allow students, student organizations, and |
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faculty to: |
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(A) subject to reasonable restrictions adopted |
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under Subsection (d), engage in expressive activities on campus, |
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including by responding to the expressive activities of others; and |
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(B) subject to Subsection (h), invite speakers to |
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speak on campus; |
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(2) establish disciplinary sanctions for students or |
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student organizations who unduly interfere with the expressive |
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activities of others on campus; |
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(3) include a grievance procedure for addressing |
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complaints of a violation of this section; |
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(4) be approved by a majority vote of the institution's |
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governing board before final adoption; and |
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(5) be posted on the institution's Internet website. |
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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 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. |
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(h) In determining whether to approve a speaker to speak on |
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campus or in determining the amount of a fee to be charged for use of |
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the institution's facilities for purposes of engaging in expressive |
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activities, an institution of higher education: |
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(1) may consider only content-neutral and |
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viewpoint-neutral criteria related to the needs of the event, such |
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as: |
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(A) the proposed venue and the expected size of |
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the audience; |
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(B) any anticipated need for campus security; |
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(C) any necessary accommodations; and |
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(D) any relevant history of compliance or |
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noncompliance by the requesting student, student organization, or |
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faculty member with the institution's policy adopted under |
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Subsection (f) and any other relevant policies; and |
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(2) may not consider: |
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(A) the anticipated attendance of persons not |
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intending to participate in the event; or |
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(B) any anticipated controversy related to the |
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event. |
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(i) Each institution of higher education shall make the |
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institution's policies adopted in accordance with this section |
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available to students enrolled at and employees of the institution |
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by: |
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(1) including the policies in the institution's |
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student handbook and personnel handbook; |
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(2) providing a copy of each policy to students during |
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the institution's freshman or transfer student orientation; and |
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(3) posting the policies on the institution's Internet |
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website. |
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(j) Each institution of higher education shall develop |
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materials, programs, and procedures to ensure that the |
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institution's employees responsible for educating or disciplining |
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students understand the requirements of this section and all |
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policies adopted by the institution in accordance with this |
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section. |
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(k) Not later than December 1, 2020, each institution of |
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higher education shall prepare, post on the institution's Internet |
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website, and submit to the governor and the members of the |
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legislature a report regarding the institution's implementation of |
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the requirements under this section. This subsection expires |
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September 1, 2021. |
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SECTION 2. Not later than August 1, 2020, each public |
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institution of higher education shall adopt the policy required |
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under Section 51.9315(f), Education Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |