Bill Text: TX SB306 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the protection of expressive activities at public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-03 - Referred to State Affairs [SB306 Detail]
Download: Texas-2025-SB306-Introduced.html
| 89R785 JTZ-F | ||
| By: Perry | S.B. No. 306 | |
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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, 2025. | ||
