LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
 
April 2, 2019

TO:
Honorable Dade Phelan, Chair, House Committee on State Affairs
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB2100 by Cain (Relating to the protection of expressive activities at state facilities, including institutions of higher education; creating a civil action.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend Chapter 2165, Government Code, to require the Facilities Commission and each state agency and institution of higher education to permit any person who is lawfully present to engage in expressive activities as long as the person's conduct is lawful and not disruptive. The bill would define expressive activities as assemblies, protests, speeches, distribution of written or visual material, carrying of signs, and circulation of petitions. The bill would authorize the Facilities Commission, each state agency, and each institution of higher education to adopt rules to maintain and enforce restrictions on the time, place, and manner of expressive activities.

The bill would require the Facilities Commission, each state agency, and each institution of higher education to adopt a policy to prohibit the entity or any employees from punishing a person for engaging in expressive activities; prohibit the entity from taking action on a matter of public concern; encourage the free and total exchange of ideas, including unpopular, controversial or offensive ideas on the grounds under the control of the entity; and establish disciplinary sanctions for employees of the entity who unduly interfere with expressive activities. The Facilities Commission, each state agency, and each institution of higher education would be required to make the adopted policy available on their website.

The bill would authorize the Attorney General or a person whose expressive rights have been violated to bring an action in state court for injunctive relief to compel compliance. The person bringing an action would be entitled to relief of a minimum of $1,000 per violation. Each day of a continuing violation would constitute a separate violation. The bill would authorize a person whose expressive rights are affected by a rule or policy adopted under this section to bring civil action against the Facilities Commission, a state agency, or institution of higher education. The bill would waive sovereign and governmental immunity for violation of this subchapter.

Costs associated with the provisions of the bill include costs associated with increased campus demonstrations at institutions of higher education, legal fees, and potential liability payments.

Local Government Impact

No significant fiscal implication to units of local government is anticipated. Several junior colleges and community colleges were surveyed to determine potential impacts to local governments. Tyler Junior College anticipates no fiscal impact associated with implementing the provisions of the bill. Southwest Texas Junior College indicated that there could be indeterminate costs related to potential liability payments.


Source Agencies:
302 Office of the Attorney General, 303 Facilities Commission, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 980 Southwest Texas Junior College, 985 Tyler Junior College, 996 Lone Star College System
LBB Staff:
WP, CMa, JQ, BRi