By: Tepper	H.B. No. 1006

	A BILL TO BE ENTITLED
	AN ACT
	relating to protected expression, intellectual freedom, and
	viewpoint diversity at public institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 51.354, Education Code, is amended to
	read as follows:
	Sec. 51.354.  INSTITUTIONAL RESPONSIBILITY. In addition to
	specific responsibilities imposed by this code or other law, each
	institution of higher education has the general responsibility to
	[serve the public and, within the institution's role and mission,
	to]:
	(1)  permit the diffusion of [transmit] culture through
	general education;
	(2)  facilitate the discovery, improvement, and
	dissemination of [extend] knowledge;
	(3)  teach and train students for professions;
	(4)  provide for scientific, engineering, medical, and
	other academic research;
	(5)  protect intellectual exploration and academic
	freedom;
	(6)  strive for intellectual excellence;
	(7)  provide educational opportunity through [for all
	who can benefit from] postsecondary education and training; [and]
	(8)  provide continuing education opportunities;
	(9)  foster a diversity of viewpoints; and
	(10)  maintain political, social, and cultural
	neutrality.
	SECTION 2.  Section 51.9315(a)(2), Education Code, is
	amended to read as follows:
	(2)  "Expressive activities" means any speech or
	expressive conduct protected by the First Amendment to the United
	States Constitution or by Section 8, Article I, Texas Constitution,
	and includes assemblies, protests, speeches, the distribution of
	written material, the carrying of signs, [and] the circulation of
	petitions, and published or unpublished faculty research,
	lectures, writings, and commentary. The term does not include
	commercial speech.
	SECTION 3.  Section 51.9315, Education Code, is amended by
	amending Subsection (f) and adding Subsection (k) to read as
	follows:
	(f)  Each institution of higher education shall adopt a
	policy detailing students' rights and responsibilities regarding
	expressive activities at the institution. The policy must:
	(1)  demonstrate a commitment to intellectual freedom
	and viewpoint diversity;
	(2)  prohibit:
	(A)  the funding, promotion, sponsorship, or
	support of:
	(i)  any office of diversity, equity, and
	inclusion; and
	(ii)  any office that funds, promotes,
	sponsors, or supports an initiative or formulation of diversity,
	equity, and inclusion beyond what is necessary to uphold the equal
	protection of the laws under the Fourteenth Amendment to the United
	States Constitution; and
	(B)  the endorsement or dissuasion of, or
	interference with, any lifestyle, race, sex, religion, or culture.
	(3)  allow:
	(A)  any person to, subject to reasonable
	restrictions adopted under Subsection (d), engage in expressive
	activities on campus, including by responding to the expressive
	activities of others; and
	(B)  student organizations and faculty to,
	subject to Subsection (h), invite speakers to speak on campus;
	(4) [(2)]  establish disciplinary sanctions for
	students, student organizations, or faculty who unduly interfere
	with the expressive activities of others on campus;
	(5) [(3)]  include a grievance procedure for
	addressing complaints of a violation of this section;
	(6) [(4)]  be approved by a majority vote of the
	institution's governing board before final adoption; and
	(7) [(5)]  be posted on the institution's Internet
	website.
	(k)  A person may bring an action for injunctive relief
	against an institution of higher education to compel the
	institution to comply with this section. If the person prevails in
	the action, the court shall award reasonable attorney's fees and
	court costs to the person. The institution shall pay the fees and
	costs from the budget of the office of the chief executive officer
	of the institution or the institution's system, as applicable.
	SECTION 4.  This Act takes effect September 1, 2023.