Bill Text: TX SB1711 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the protection of expressive activities at public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-28 - Referred to Higher Education [SB1711 Detail]
Download: Texas-2023-SB1711-Comm_Sub.html
Bill Title: Relating to the protection of expressive activities at public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-28 - Referred to Higher Education [SB1711 Detail]
Download: Texas-2023-SB1711-Comm_Sub.html
By: Perry | S.B. No. 1711 | |
(In the Senate - Filed March 7, 2023; March 16, 2023, read | ||
first time and referred to Committee on State Affairs; | ||
April 13, 2023, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 10, Nays 1; April 13, 2023, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1711 | By: Hughes |
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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. Section 51.9315, Education Code, is amended by | ||
amending Subsection (g) and adding Subsections (k), (l), (m), and | ||
(n) to read as follows: | ||
(g) An institution of higher education may not take action | ||
against a student organization or deny the organization any benefit | ||
generally available to other student organizations at the | ||
institution on the basis of: | ||
(1) a political, religious, philosophical, | ||
ideological, or academic viewpoint expressed by the organization or | ||
of any expressive activities of the organization; or | ||
(2) a requirement of the organization that the | ||
organization's leaders or members: | ||
(A) affirm and adhere to the organization's | ||
sincerely held beliefs; | ||
(B) comply with the organization's standards of | ||
conduct; or | ||
(C) further the organization's mission or | ||
purpose. | ||
(k) Not later than the first anniversary of the date a | ||
person or student organization's expressive rights were allegedly | ||
violated by an institution of higher education under this section, | ||
the person or organization may bring an action against the | ||
institution for: | ||
(1) a declaratory judgment under Chapter 37, Civil | ||
Practice and Remedies Code; or | ||
(2) an injunction to prevent the institution from | ||
further violating this section. | ||
(l) For purposes of computing the limitation period under | ||
Subsection (k), each day of a continuing violation of this section, | ||
including each day a rule or policy of an institution of higher | ||
education that violates this section remains in effect, constitutes | ||
a separate violation. | ||
(m) A person or student organization may raise a violation | ||
of this section against the person or organization as a defense or | ||
counterclaim in any relevant civil, administrative, or | ||
disciplinary proceedings brought against the person or | ||
organization by the institution of higher education. | ||
(n) An institution of higher education's sovereign immunity | ||
to suit and from liability is waived and abolished to the extent of | ||
liability created under this section. | ||
SECTION 2. Section 51.9315, Education Code, as amended by | ||
this Act, applies only to a cause of action that accrues on or after | ||
the effective date of this Act. A cause of action that accrued | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. | ||
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