85R11275 KJE-D     By: Buckingham S.B. No. 1151       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" include 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" and "university   system" have the meanings 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)  are narrowly tailored to 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)  Each institution of higher education shall adopt a   policy that:                (1)  encourages the free and open exchange of ideas,   including unpopular, controversial, or offensive ideas, in   classrooms and all other campus locations;                (2)  prohibits punishing a student in any manner for   engaging in expressive activities protected by the First Amendment   to the United States Constitution or Section 8, Article I, Texas   Constitution;                (3)  requires the institution to maintain an official   position of neutrality on issues of public controversy;                (4)  prohibits any institution official or employee   from disinviting a speaker who has been requested to speak at the   institution by members of the university community; and                (5)  establishes disciplinary sanctions for students   or employees who unduly interfere with the expressive activities of   others on campus.          (g)  Each institution of higher education annually shall   provide to students enrolled at and employees of the institution a   copy of all policies adopted in accordance with this section.          (h)  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 and   reasonable court costs and attorney's fees. In an action for   damages brought under this subsection, if the court finds that an   institution of higher education has violated this section, the   court shall award the aggrieved person the greater of:                (1)  the amount of the person's compensatory damages;   or                (2)  $1,000.          (i)  For purposes of computing the limitation period under   Subsection (h), each day of a continuing violation of this section,   including each day that a rule or policy of an institution of higher   education that violates this section remains in effect, constitutes   a separate violation.          (j)  The governing board of each institution of higher   education or university system shall create a subcommittee of the   board to address free speech issues at the institution or   institutions governed by the board. Not later than September 1 of   each year, the subcommittee shall prepare and submit to the   governor, the members of the legislature, and the governing board a   report on free speech issues that arose at the institution or   institutions during the preceding academic year. The report must   include, for each institution governed by the board:                (1)  a description of any barriers to or disruptions of   expressive activities at the institution;                (2)  a summary of the institution's handling of free   speech issues, including any disciplinary action taken related to   the policies adopted under this section;                (3)  an analysis of any substantial difficulties,   controversies, or successes in maintaining the institution's   official position of neutrality on issues of public controversy;   and                (4)  any recommendations for legislative or other   action.          SECTION 2.  Not later than September 1, 2017, the governing   board of each public institution of higher education or university   system shall create the subcommittee required under Section   51.9315(j), Education Code, as added by this Act. Each governing   board's subcommittee shall prepare and submit its initial report   required under that section not later than September 1, 2018.          SECTION 3.  This Act takes effect September 1, 2017.