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
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
feedback