Bill Text: TX HB4500 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the protection of expressive rights of student organizations at public institutions of higher education.
Spectrum: Partisan Bill (Republican 28-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Higher Education [HB4500 Detail]
Download: Texas-2021-HB4500-Introduced.html
| By: Murphy | H.B. No. 4500 | |
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| relating to the protection of expressive rights of student | ||
| organizations 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 (a) and adding Subsection (g-1) to read as | ||
| follows: | ||
| Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this | ||
| section: | ||
| (1) "Benefit" includes: | ||
| (A) recognition by or registration with an | ||
| institution of higher education; | ||
| (B) the use of an institution of higher | ||
| education's facilities for meetings or speaking purposes; | ||
| (C) the use of channels of communication | ||
| controlled by an institution of higher education; and | ||
| (D) funding sources made generally available to | ||
| student organizations at an institution of higher education. | ||
| (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. The term does not include commercial speech. | ||
| (3) "Expressive rights" means the rights protected by | ||
| the First Amendment to the United States Constitution or by Section | ||
| 8, Article I, Texas Constitution, including freedom of speech, | ||
| freedom of the press, freedom of association, and free exercise of | ||
| religion. | ||
| (4) [ |
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| meaning assigned by Section 61.003. | ||
| (5) [ |
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| organization that is composed mostly of students enrolled at an | ||
| institution of higher education and that receives a benefit from | ||
| the institution. | ||
| (g-1) An institution of higher education shall permit a | ||
| student organization formed for the purpose of exercising | ||
| expressive rights to establish and maintain membership and | ||
| leadership qualifications for the organization that further the | ||
| organization's purpose, including by requiring the organization's | ||
| leaders or members to: | ||
| (1) adhere to or comply with the organization's: | ||
| (A) sincerely held beliefs; or | ||
| (B) sincere standards of conduct; or | ||
| (2) be committed to furthering the organization's | ||
| mission or purpose. | ||
| SECTION 2. 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, 2021. | ||
