Middleton Bill Puts A Department Under Conservatorship After A Firing

The text as introduced · 419 words

By: Middleton
S.B. No. 1069

A BILL TO BE ENTITLED

AN ACT

relating to the procedure for resolving allegations of religious

discrimination against a student at a public institution 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 Sections 51.985 and 51.986 to read as follows:

Sec. 51.985. PROCEDURE FOR ALLEGATION OF RELIGIOUS

DISCRIMINATION AGAINST STUDENT. (a) In this section, "institution

of higher education" has the meaning assigned by Section 61.003.

(b) The president of an institution of higher education

shall investigate an allegation submitted to the institution that a

professor or instructor at the institution discriminated against a

student on the basis of religion.

(c) If the president of an institution of higher education

determines that a professor or instructor at the institution

discriminated against a student on the basis of religion, the

institution shall terminate the professor's or instructor's

employment.

(d) In investigating an allegation under this section, the

president of an institution of higher education shall ensure that

the professor or instructor is afforded appropriate due process.

The president shall use the standards and procedures prescribed by

institution policies to address other complaints of discrimination

by a professor or instructor at the institution to the extent

practicable.

Sec. 51.986. CONSERVATORSHIP OF DEPARTMENT. (a) If the

employment of a professor or instructor is terminated under Section

51.985, the department under which the terminated professor or

instructor was employed shall be placed under the conservatorship

of the office of the president.

(b) The department shall be placed under conservatorship

for a time period of not less than 90 days, until the president

determines that there are no continuing risks of religious

discrimination against any student.

(c) The president may:

(1) investigate further risks of religious

discrimination against any student;

(2) require the adoption of certain policies by the

department to prevent further religious discrimination against any

student; and

(3) take any action necessary to prevent and remove

any risk of further religious discrimination against any student.

SECTION 2. Sections 51.985 and 51.986, Education Code, as

added by this Act, applies only to an allegation of religious

discrimination submitted to a public institution of higher

education on or after the effective date of this Act, regardless of

whether the conduct or act that is the subject of the allegation

occurred or was committed before, on, or after the effective date of

this Act.

SECTION 3. This Act takes effect September 1, 2025.