SB2972 - Relating to expressive activities at public institutions of higher education.

      S.B. No. 2972         AN ACT   relating to expressive activities at public institutions of higher   education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.9315(a)(2) and (3), Education Code,   are amended to read as follows:                (2)  "Expressive activities" means any speech or   expressive conduct protected by the First Amendment to the United   States Constitution or by 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 :                       (A)   commercial speech ;                       (B)  defamation;                       (C)  unlawful harassment;                       (D)  incitement to imminent unlawful activity;                       (E)  obscenity; or                       (F)  threats to engage in unlawful activity .                (3)   "Governing board" and "institution [ "Institution ]   of higher education" have [ has ] the meanings [ meaning ] assigned by   Section 61.003.          SECTION 2.  Section 51.9315, Education Code, is amended by   amending Subsections (b), (c), (d), and (f) and adding Subsections   (d-1), (k), and (l) to read as follows:          (b)  It is the policy of this state and the purpose of this   section to protect the expressive rights of persons guaranteed by   the constitutions of the United States and of this state by:                (1)  recognizing freedom of speech and assembly as   central to the mission of institutions of higher education; and                (2)  ensuring that students enrolled at and employees   of an institution of higher education [ all persons ] may assemble   peaceably on the campuses of the institution [ institutions of   higher education ] for expressive activities, including to listen to   or observe the expressive activities of others.          (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 students enrolled at and employees of the   institution [ any person ] to engage in expressive activities in the   common outdoor [ those ] areas of the institution's campus freely, as   long as the expressive activity [ person's conduct ]:                 (1)  [ (A) ]  is not unlawful; and                 (2)  [ (B) ]  does not materially and substantially   disrupt the functioning of the institution.          (d)  Notwithstanding Subsection (c), an institution of   higher education may adopt a policy that imposes reasonable   restrictions on the time, place, and manner of expressive   activities of students enrolled at and employees of the institution   in 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   assemble or distribute written material without a permit or other   permission from the institution.           (d-1)     The governing board of an institution of higher   education shall designate the areas on the institution's campus   that are public forums, consistent with the First Amendment to the   United States Constitution and Section 8, Article I, Texas   Constitution.          (f)  Each institution of higher education shall adopt a   policy detailing [ students' ] rights and responsibilities regarding   expressive activities at the institution. The policy must:                (1)  allow:                      (A)   members of the university community [ any   person ] to, subject to reasonable restrictions adopted under   Subsection (d), engage in expressive activities on campus,   including by responding to the expressive activities of others; and                      (B)  student organizations and faculty to,   subject to Subdivision (2)(B)(ii) and  Subsection (h), invite   speakers to speak on campus;                 (2)  prohibit:                       (A)     using a device to amplify sound while   engaging in expressive activities on campus during class hours   that:                             (i)  intimidate others;                             (ii)  interfere with campus operations; or                             (iii)     interfere with an institution   employee's or a peace officer's lawful performance of a duty;                       (B)     during the last two weeks of a semester or   term, engaging in expressive activities:                             (i)     in the common outdoor areas of the   institution's campus in a manner that materially and substantially   disrupts the functioning of the institution;                             (ii)     by inviting speakers to speak on   campus;                             (iii)  by using a device to amplify sound; or                             (iv)     by using drums or other percussive   instruments;                       (C)     camping or erecting tents or other living   accommodations on campus;                       (D)     wearing a disguise or other means of   concealing a person's identity while engaging in expressive   activities on campus with the intent to:                             (i)     obstruct the enforcement of the   institution's rules or the law by avoiding identification;                             (ii)  intimidate others; or                             (iii)     interfere with an institution   employee's or a peace officer's lawful performance of a duty;                       (E)     lowering the institution's flag of the United   States or of this state with the intent to raise the flag of another   nation or a flag representing an organization or group of people;   and                       (F)     engaging in expressive activities on campus   between the hours of 10 p.m. and 8 a.m.;                 (3)  [ (2) ]  establish disciplinary sanctions for   students, student organizations, or employees [ faculty ] who unduly   interfere with the expressive activities of others on campus or   violate an institution policy or state law ;                 (4)  [ (3) ]  include a grievance procedure for   addressing complaints of a violation of this section;                 (5)     require students enrolled at or employees of the   institution to present proof of identity and status at the   institution on request by an institution official on the   institution's campus engaging in an official duty;                 (6)  [ (4) ]  be approved by a majority vote of the   institution's governing board before final adoption; and                 (7)  [ (5) ]  be posted on the institution's Internet   website.           (k)     Nothing in this section limits the authority of an   institution of higher education to adopt rules differentiating   between the rights of students and employees to engage in   expressive activities on campus and those of persons not affiliated   with the institution.           (l)     Nothing in this section may be construed to limit or   infringe on a person's right to freedom of speech or expression   protected by the First Amendment to the United States Constitution   or by Section 8, Article I, Texas Constitution.          SECTION 3.  Section 51.9315, Education Code, as amended by   this Act, applies beginning with the 2025-2026 academic year.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2972 passed the Senate on   May 14, 2025, by the following vote:  Yeas 21, Nays 10;   May 29, 2025, Senate refused to concur in House amendments and   requested appointment of Conference Committee; May 30, 2025, House   granted request of the Senate; June 1, 2025, Senate adopted   Conference Committee Report by the following vote:  Yeas 22,   Nays 9.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2972 passed the House, with   amendments, on May 28, 2025, by the following vote:  Yeas 97,   Nays 39, two present not voting; May 30, 2025, House granted   request of the Senate for appointment of Conference Committee;   June 1, 2025, House adopted Conference Committee Report by the   following vote:  Yeas 97, Nays 39, one present not voting.   & [Text truncated for display. 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