Bill Text: TX SB1151 | 2017-2018 | 85th 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 7-0)
Status: (Engrossed - Dead) 2017-05-18 - Referred to Higher Education [SB1151 Detail]
Download: Texas-2017-SB1151-Comm_Sub.html
Bill Title: Relating to the protection of expressive activities at public institutions of higher education.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2017-05-18 - Referred to Higher Education [SB1151 Detail]
Download: Texas-2017-SB1151-Comm_Sub.html
By: Buckingham | S.B. No. 1151 | |
(In the Senate - Filed February 28, 2017; March 9, 2017, | ||
read first time and referred to Committee on Higher Education; | ||
May 5, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 4, Nays 2; May 5, 2017, sent | ||
to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1151 | By: Buckingham |
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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. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.9315 to read as follows: | ||
Sec. 51.9315. PROTECTED EXPRESSION ON CAMPUS. (a) In this | ||
section: | ||
(1) "Expressive activities" means any speech or | ||
expressive conduct protected by the First Amendment to the United | ||
States Constitution or 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. | ||
(2) "Institution of higher education" has the meaning | ||
assigned by Section 61.003. | ||
(b) Each institution of higher education shall adopt a | ||
policy detailing students' and employees' rights to engage in | ||
expressive activities at the institution. The policy must: | ||
(1) prohibit: | ||
(A) reducing a student's grade for engaging in | ||
expressive activities; and | ||
(B) increasing a student's grade for engaging in | ||
expressive activities, unless a variety of expressive activities | ||
and viewpoints, including the viewpoints of any political party, | ||
qualify for the increase; | ||
(2) include a grievance procedure for addressing | ||
complaints of a violation of this section; | ||
(3) be approved by a majority vote of the institution's | ||
governing board before final adoption; and | ||
(4) be posted on the institution's Internet website. | ||
(c) Each institution of higher education shall inform | ||
students enrolled at and employees of the institution of the policy | ||
adopted under Subsection (b), including by: | ||
(1) discussing the policy during student orientation; | ||
and | ||
(2) annually distributing a copy of the policy to | ||
students and employees. | ||
(d) An institution of higher education or any employee of | ||
the institution may not punish a student or employee in any manner | ||
for engaging in expressive activities. | ||
SECTION 2. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and the | ||
provisions of this Act are severable for this purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
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