Bill Text: TX HB428 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain requirements of public institutions of higher education regarding student organization membership.
Spectrum: Partisan Bill (Republican 30-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to Higher Education [HB428 Detail]
Download: Texas-2017-HB428-Introduced.html
| 85R2491 KJE-F | ||
| By: King of Parker | H.B. No. 428 | |
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| 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. | ||
