85R13608 KJE-F     By: Cain H.B. No. 2527       A BILL TO BE ENTITLED   AN ACT   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. The term does not include commercial speech.                (2)  "Institution of higher education" has the meaning   assigned by Section 61.003.          (b)  It is the policy of this state to protect the expressive   rights of persons guaranteed by the constitutions of the United   States and of this state by ensuring that:                (1)  all persons may assemble peaceably on the campuses   of institutions of higher education for expressive activities; and                (2)  the expressive rights of persons on the campuses   of institutions of higher education are not unnecessarily   restricted or impeded by rules or policies adopted by the   institutions.          (c)  An institution of higher education shall:                (1)  ensure that the common outdoor areas of the   institution's campus are deemed traditional public forums; and                (2)  permit any person to engage in expressive   activities on those areas of the institution's campus freely, as   long as the person's conduct:                      (A)  is not unlawful; and                      (B)  does not materially and substantially   disrupt the functioning of the institution.          (d)  Notwithstanding Subsection (c), an institution of   higher education by rule may maintain and enforce reasonable   restrictions on the time, place, and manner of expressive   activities on the common outdoor areas of the institution's campus   if those restrictions:                (1)  serve a significant institutional interest;                (2)  employ clear, published, content-neutral, and   viewpoint-neutral criteria;                (3)  provide for ample alternative means of expression;   and                (4)  allow members of the university community to   spontaneously and contemporaneously assemble or distribute written   material without a permit or other permission from the institution.          (e)  Subsections (c) and (d) do not limit the right of   student expression at other campus locations.          (f)  The protections under this section apply equally to   students and to student groups and organizations, regardless of   whether the group or organization is recognized by or registered   with the institution of higher education.          (g)  Not later than the first anniversary of the date that a   violation of this section is alleged to have occurred at an   institution of higher education, the attorney general or a person   whose expressive rights have been violated under this section may   bring an action for injunctive relief to compel the institution to   comply with this section or to recover compensatory damages, court   costs, and reasonable attorney's fees.  For purposes of computing   the limitation period under this subsection, each day of a   continuing violation of this section, including each day that a   rule or policy of the institution that violates this section   remains in effect, constitutes a separate violation.          (h)  In addition to the cause of action under Subsection (g),   a person whose expressive rights are affected by a rule or policy   adopted by an institution of higher education may file suit against   the institution for declaratory judgment in the manner provided by   Chapter 37, Civil Practice and Remedies Code.          SECTION 2.  This Act takes effect September 1, 2017.