HB1479 - Relating to the protection of expressive activities at public institutions of higher education.

  89R785 JTZ-F     By: Cain H.B. No. 1479       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.  Section 51.9315, Education Code, is amended by   amending Subsection (g) and adding Subsections (k), (l), (m), and   (n) to read as follows:          (g)  An institution of higher education may not take action   against a student organization or deny the organization any benefit   generally available to other student organizations at the   institution on the basis of :                 (1)   a political, religious, philosophical,   ideological, or academic viewpoint expressed by the organization or   of any expressive activities of the organization ; or                 (2)     a requirement of the organization that the   organization's leaders or members:                       (A)     affirm and adhere to the organization's   sincerely held beliefs;                       (B)     comply with the organization's standards of   conduct; or                       (C)     further the organization's mission or   purpose .           (k)     Not later than the first anniversary of the date a   person or student organization's expressive rights were allegedly   violated by an institution of higher education under this section,   the person or organization may bring an action against the   institution for:                 (1)     a declaratory judgment under Chapter 37, Civil   Practice and Remedies Code; or                 (2)     an injunction to prevent the institution from   further violating this section.           (l)     For purposes of computing the limitation period under   Subsection (k), each day of a continuing violation of this section,   including each day a rule or policy of an institution of higher   education that violates this section remains in effect, constitutes   a separate violation.           (m)     A person or student organization may raise a violation   of this section against the person or organization as a defense or   counterclaim in any relevant civil, administrative, or   disciplinary proceedings brought against the person or   organization by the institution of higher education.           (n)     An institution of higher education's sovereign immunity   to suit and from liability is waived and abolished to the extent of   liability created under this section.          SECTION 2.  Section 51.9315, Education Code, as amended by   this Act, applies only to a cause of action that accrues on or after   the effective date of this Act.  A cause of action that accrued   before the effective date of this Act is governed by the law in   effect immediately before the effective date of this Act, and that   law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.