Bill Text: TX SB1151 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the protection of expressive activities at public institutions of higher education.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2017-05-18 - Referred to Higher Education [SB1151 Detail]
Download: Texas-2017-SB1151-Engrossed.html
| By: Buckingham, et al. | S.B. No. 1151 | |
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| relating to the protection of expressive activities at public | ||
| institutions of higher education. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.9315 to read as follows: | ||
| Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this | ||
| section: | ||
| (1) "Expressive activities" means any speech or | ||
| expressive conduct protected by the First Amendment to the United | ||
| States Constitution or Section 8, Article I, Texas Constitution, | ||
| and includes assemblies, protests, speeches, the distribution of | ||
| written material, the carrying of signs, and the circulation of | ||
| petitions. | ||
| (2) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (b) An institution of higher education may not designate any | ||
| area on campus as a free speech zone or otherwise create policies | ||
| implying that its students' expressive activities are restricted to | ||
| particular areas of campus. An institution of higher education may | ||
| not, except to provide time, place, or manner restrictions as | ||
| provided by Subsection (c), restrict the right of students to | ||
| engage in expression in a student forum. | ||
| (c) Notwithstanding Subsection (b), an institution of | ||
| higher education by rule may maintain and enforce reasonable | ||
| restrictions on the time, place, and manner of expressive | ||
| activities on the common outdoor areas of the institution's campus | ||
| if those restrictions: | ||
| (1) are narrowly tailored to serve a significant | ||
| institutional interest; | ||
| (2) employ clear, published, content-neutral, and | ||
| viewpoint-neutral criteria; and | ||
| (3) provide for ample alternative means of expression. | ||
| (d) Each institution of higher education shall adopt a | ||
| policy detailing students' and employees' rights to engage in | ||
| expressive activities at the institution. The policy must: | ||
| (1) prohibit: | ||
| (A) reducing a student's grade for engaging in | ||
| expressive activities; and | ||
| (B) increasing a student's grade for engaging in | ||
| expressive activities, unless a variety of expressive activities | ||
| and viewpoints, including the viewpoints of any political party, | ||
| qualify for the increase; | ||
| (2) include a grievance procedure for addressing | ||
| complaints of a violation of this section; | ||
| (3) be approved by a majority vote of the institution's | ||
| governing board before final adoption; and | ||
| (4) be posted on the institution's Internet website. | ||
| (e) Each institution of higher education shall inform | ||
| students enrolled at and employees of the institution of the policy | ||
| adopted under Subsection (d), including by: | ||
| (1) discussing the policy during student orientation; | ||
| and | ||
| (2) annually distributing a copy of the policy to | ||
| students and employees. | ||
| (f) An institution of higher education or any employee of | ||
| the institution may not punish a student or employee in any manner | ||
| for engaging in expressive activities. | ||
| SECTION 2. If any provision of this Act or its application | ||
| to any person or circumstance is held invalid, the invalidity does | ||
| not affect other provisions or applications of this Act that can be | ||
| given effect without the invalid provision or application, and the | ||
| provisions of this Act are severable for this purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
