Bill Text: TX SB16 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the purpose of public institutions of higher education and a prohibition on compelling students enrolled at those institutions to adopt certain beliefs.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-04-24 - Referred to Higher Education [SB16 Detail]
Download: Texas-2023-SB16-Engrossed.html
| By: Hughes, et al. | S.B. No. 16 | |
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| relating to the purpose of public institutions of higher education | ||
| and a prohibition on compelling students enrolled at those | ||
| institutions to adopt certain beliefs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 3, Education Code, is amended | ||
| by adding Chapter 50 to read as follows: | ||
| CHAPTER 50. HIGHER EDUCATION PURPOSE | ||
| Sec. 50.001. HIGHER EDUCATION PURPOSE. A public | ||
| institution of higher education must be committed to creating an | ||
| environment of: | ||
| (1) intellectual inquiry and academic freedom so that | ||
| all students are equipped for participation in the workforce and | ||
| the betterment of society; and | ||
| (2) intellectual diversity so that all students are | ||
| respected and educated regardless of race, sex, or ethnicity or | ||
| social, political, or religious background or belief. | ||
| SECTION 2. Section 51.942, Education Code, is amended by | ||
| adding Subsection (c-1) to read as follows: | ||
| (c-1) For purposes of Subsection (c)(5), good cause for | ||
| taking disciplinary action against a faculty member, including | ||
| revoking the tenure of the faculty member, includes the faculty | ||
| member's violation of Section 51.982. | ||
| SECTION 3. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.982 to read as follows: | ||
| Sec. 51.982. PROHIBITION ON COMPELLING CERTAIN | ||
| BELIEFS. (a) In this section: | ||
| (1) "Coordinating board" means the Texas Higher | ||
| Education Coordinating Board. | ||
| (2) "Institution of higher education" and "university | ||
| system" have the meanings assigned by Section 61.003. | ||
| (b) A faculty member of an institution of higher education | ||
| may not compel or attempt to compel a student enrolled at the | ||
| institution to adopt a belief that any race, sex, or ethnicity or | ||
| social, political, or religious belief is inherently superior to | ||
| any other race, sex, ethnicity, or belief. | ||
| (c) If an institution of higher education determines that a | ||
| faculty member of the institution has violated this section, the | ||
| institution shall discharge the faculty member. | ||
| (d) The coordinating board by rule shall develop a procedure | ||
| for an institution of higher education to receive and review | ||
| complaints regarding a violation of this section by a faculty | ||
| member of the institution. The procedure must: | ||
| (1) take into consideration due process rights under | ||
| the United States Constitution and the Texas Constitution; and | ||
| (2) include a procedure by which the complainant or | ||
| the faculty member who is the subject of the complaint may appeal | ||
| the institution's determination regarding whether the faculty | ||
| member violated this section to: | ||
| (A) the chancellor or other executive officer of | ||
| the institution's system, if the institution is a component of a | ||
| university system; or | ||
| (B) the president or other executive officer of | ||
| the institution, if the institution is not a component of a | ||
| university system. | ||
| (e) Each institution of higher education shall implement | ||
| the procedure developed under Subsection (d). | ||
| (f) Not later than December 1 of each year, each institution | ||
| of higher education shall submit to the legislature and the | ||
| coordinating board a report on the complaints received by the | ||
| institution under the procedure implemented under Subsection (e) | ||
| during the preceding academic year. | ||
| SECTION 4. Section 51.982(c), Education Code, as added by | ||
| this Act, applies only to a person who enters into or renews an | ||
| employment contract as a faculty member at a public institution of | ||
| higher education on or after the effective date of this Act. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
