Bill Text: TX SB1982 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to speech protections for student journalism at public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to State Affairs [SB1982 Detail]
Download: Texas-2019-SB1982-Introduced.html
| 86R13439 KJE-F | ||
| By: Hughes | S.B. No. 1982 | |
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| relating to speech protections for student journalism 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 51.9316 to read as follows: | ||
| Sec. 51.9316. STUDENT JOURNALISM. (a) In this section: | ||
| (1) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (2) "Protected speech" means speech protected by the | ||
| First Amendment to the United States Constitution or by Section 8, | ||
| Article I, Texas Constitution. | ||
| (3) "Student publication" means any material that is | ||
| primarily prepared, written, published, or broadcast by students | ||
| enrolled at an institution of higher education and is: | ||
| (A) distributed or generally made available to | ||
| students enrolled at the institution; and | ||
| (B) prepared under the direction of a journalism | ||
| or student publication advisor employed by the institution. | ||
| (b) A student enrolled at an institution of higher education | ||
| is entitled to exercise freedom of speech and freedom of the press | ||
| in producing any student publication, including by determining the | ||
| content of the publication so long as the content constitutes | ||
| protected speech, regardless of whether the publication is produced | ||
| using the institution's money, equipment, or facilities or in | ||
| conjunction with any course in which the student is enrolled at the | ||
| institution. | ||
| (c) Subsection (b) may not be construed to prohibit a | ||
| journalism or student publication advisor employed by an | ||
| institution of higher education from teaching professional | ||
| standards of English and journalism to students enrolled at the | ||
| institution. | ||
| (d) A journalism or student publication advisor employed by | ||
| an institution of higher education may not be subjected to | ||
| disciplinary action or any other form of punishment or retaliation | ||
| for acting to protect or refusing to infringe on a student's rights | ||
| as provided by this section. | ||
| (e) The content of a student publication may not be | ||
| construed as the policy or position of the institution of higher | ||
| education at which the publication is produced. | ||
| (f) An institution of higher education or an employee of the | ||
| institution is not liable in any civil or criminal action for the | ||
| content of a student publication produced at the institution unless | ||
| the institution or employee acted with wilful or wanton misconduct | ||
| in permitting the publication to be produced. | ||
| SECTION 2. This Act applies beginning with the 2019-2020 | ||
| academic year. | ||
| SECTION 3. 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, 2019. | ||
