By: Buckingham, et al. 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" 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)  An institution of higher education may not designate any   area on campus as a free speech zone or otherwise create policies   implying that its students' expressive activities are restricted to   particular areas of campus.  An institution of higher education may   not, except to provide time, place, or manner restrictions as   provided by Subsection (c), restrict the right of students to   engage in expression in a student forum.          (c)  Notwithstanding Subsection (b), 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; and                (3)  provide for ample alternative means of expression.          (d)  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.          (e)  Each institution of higher education shall inform   students enrolled at and employees of the institution of the policy   adopted under Subsection (d), including by:                (1)  discussing the policy during student orientation;   and                (2)  annually distributing a copy of the policy to   students and employees.          (f)  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.